Used car sale, left deposit, now changed mind! What now?

Used car sale, left deposit, now changed mind! What now?

Author
Discussion

Jasandjules

69,825 posts

228 months

Saturday 30th July 2016
quotequote all
What were the terms of the deposit?

Andehh

Original Poster:

7,107 posts

205 months

Saturday 30th July 2016
quotequote all
I have sent him a polite but lengthy email basically saying we are both in a difficult situation, happy to refund half but he needs to realise this has knocked us for six as well, both financially (25mins on hol to the insurance company as I type) and emotionally seeing as the wife is furious and it has delayed our weekend plans whilst I re-advertise it and sort out the car insurance(s).

A deposit commits you to buy, if you need to think about it don't leave a deposit! frown

datum77

470 posts

120 months

Saturday 30th July 2016
quotequote all
On top of what everyone else has said, 1 other point.
If someone leaves a deposit - it is fair to assume that the buyer is serious. and will therefore go through with the whole transaction. Particularly if you have both filled in and signed a "contract". On that basis, you will have declined any further phone calls/lookers etc. When the first buyer then decides to back out - it would be fair of you to point out to him/her that you could have sold the car to someone else in the interim. Therefore you require some compensation for this inconvenience.

This request is NOT unreasonable.

hora

37,010 posts

210 months

Saturday 30th July 2016
quotequote all
Well at least he didn't do what I had last time- wife rides the clutch the whole way round the block, he then does a third gear stall test and says clutch abit worn I'll comeback to you tomorrow. I ignored his calls the next day.

It's completely upto you. If I had deleted ads following receipt of a deposit and it was week+ then yes I'd keep it. Next day? No. A business is different- I think it's fair for a trader to keep a deposit.

Magic919

14,126 posts

200 months

Saturday 30th July 2016
quotequote all
k-ink said:
I suggest you all stop asking for a deposit in the future, as it is a total waste of time if you hand it back.It defeats the entire purpose.

Weirdos hehe
This is very good advice. My Dad would always tell them to come back with all the money and buy it then. I recently ignored his example and got messed around. Live and learn.

Welshbeef

49,633 posts

197 months

Saturday 30th July 2016
quotequote all
If it's advertised then you have a deposit the advert is pulled.

So new advert required £50?
The fact that you have bought another car is in this respect irrelevant to the contract but a ball ache to you.

vikingaero

10,256 posts

168 months

Saturday 30th July 2016
quotequote all
Problem is that so many entitled people expect that the a deposit is always refundable because they are used to these additions to their statutory rights from Supermarkets and High Street chains.

k-ink

9,070 posts

178 months

Saturday 30th July 2016
quotequote all
From what I have picked up over the years... The only time a deposit should be returned is due to "distance selling regulations". This covers the sale of goods which may not have turned out to be as described in an advert. However if the purchaser has inspected the goods in person, then left a deposit, that deposit is non refundable as it is part of a contract to purchase. A deposit is also non refundable if it was an auction, as that is also a binding contract to purchase.

Hoofy

76,253 posts

281 months

Saturday 30th July 2016
quotequote all
Funk said:
Surely that defeats the whole point of taking a deposit?
That's what I thought.

Buster73

5,042 posts

152 months

Saturday 30th July 2016
quotequote all
datum77 said:
On top of what everyone else has said, 1 other point.
If someone leaves a deposit - it is fair to assume that the buyer is serious. and will therefore go through with the whole transaction. Particularly if you have both filled in and signed a "contract". On that basis, you will have declined any further phone calls/lookers etc. When the first buyer then decides to back out - it would be fair of you to point out to him/her that you coul'd have sold the car to someone else in the interim. Therefore you require some compensation for this inconvenience.

This request is NOT unreasonable.
You are aware that contracts are formed without signing anything ?

Andehh

Original Poster:

7,107 posts

205 months

Saturday 30th July 2016
quotequote all
After a lengthy, tense & very curt phone call with the father I have agreed to refund £200, but am firm in my belief I can't just take it entirely on the chin. He was still very clearly in the belief I was being wholly unreasonable but hopefully I won't hear anything more regarding this.

Grrrrrr


Hoofy

76,253 posts

281 months

Saturday 30th July 2016
quotequote all
You spoke to... his dad? biggrin

rallycross

12,747 posts

236 months

Saturday 30th July 2016
quotequote all
Andehh said:
After a lengthy, tense & very curt phone call with the father I have agreed to refund £200, but am firm in my belief I can't just take it entirely on the chin. He was still very clearly in the belief I was being wholly unreasonable but hopefully I won't hear anything more regarding this.

Grrrrrr
That's daft they are messing you about keep the deposit tell him he can still buy the car but the deposit stays with you if the do not buy.... otherwise why even bother with a deposit?

They will probably do this again in the future to some other poor seller.

jonah35

3,940 posts

156 months

Saturday 30th July 2016
quotequote all
Jasandjules said:
What were the terms of the deposit?
This.

What did you put on the signed receipt you got? Refundable or non refundable?

Steve H

5,224 posts

194 months

Saturday 30th July 2016
quotequote all
Why would a deposit ever be refundable? confused

Contact him again (or his Dad) and tell him that have sought advice you find that he was in a legally binding contract to complete the sale and buy the car and the minimum cost of breaching this contract it will be the deposit that he left.

Timewasters banghead

All that jazz

7,632 posts

145 months

Saturday 30th July 2016
quotequote all
Andehh said:
After a lengthy, tense & very curt phone call with the father I have agreed to refund £200, but am firm in my belief I can't just take it entirely on the chin. He was still very clearly in the belief I was being wholly unreasonable but hopefully I won't hear anything more regarding this.

Grrrrrr
Mug.

Deposits are non-refundable. End of. Keep it all and tell him fk right off. For future reference make sure your ads have the words "DEPOSITS ARE NON-REFUNDABLE" in large, clear letters and stick by it. By refunding him you've just further cemented his belief that it's okay to leave a deposit to stop anyone else buying a car he might be interested in but if he changes his mind he can just get the money back and move on. rolleyes

mattwhite709

328 posts

98 months

Saturday 30th July 2016
quotequote all
Deposits are non refundable if he has seen the car in the flesh. I would of told him and his dad that and let him learn from the experience.

Buster73

5,042 posts

152 months

Saturday 30th July 2016
quotequote all
Steve H said:
Why would a deposit ever be refundable? confused

Contact him again (or his Dad) and tell him that have sought advice you find that he was in a legally binding contract to complete the sale and buy the car and the minimum cost of breaching this contract it will be the deposit that he left.

Timewasters banghead
Too late , if you've agreed to refund part of it , you would then be in breach if you tried to change without both parties agreeing again.

battered

4,088 posts

146 months

Saturday 30th July 2016
quotequote all
Andehh said:
After a lengthy, tense & very curt phone call with the father I have agreed to refund £200, but am firm in my belief I can't just take it entirely on the chin. He was still very clearly in the belief I was being wholly unreasonable but hopefully I won't hear anything more regarding this.

Grrrrrr
You're a soft touch. I think that offering to return half the deposit and keep the rest to defer your expenses, insurance and inconvenience was more than fair. He then sets his dad on you to try and browbeat you. I'd have told his dad very clearly that if I heard any more from him then the 50% offer would be withdrawn and that the whole deposit would be retained, as per the law. Now, that's my last word on the matter, have you understood what I've just said, and do you have anything else to say?

hora

37,010 posts

210 months

Saturday 30th July 2016
quotequote all
Hoofy said:
You spoke to... his dad? biggrin
Oh dear