Buyer paid deposit on car then pulled out. Is it refundable?

[ol]

Hi ,

I had a car for sale, had lots of interest and someone was very keen to buy but couldn't come to collect the car for 2 weeks. Over the phone we agreed that he pay £2,000 non refundable deposit and pay the balance on collection.

In the mean time I have done other bits to the car that he requested - ie put new tyres on which he agreed to pay me for on collection, and I put it through a fresh MOT and paid £400 for little bits to be done to make it perfect (which I probably would have done anyway). I have been very accommodating sending him lots of photos of things for him, which he was happy with at the time.

He has now suddenly developed 'cold feet' and is pulling out, citing a glass valuation coming in lower than he thought it would (the car has had modifications and so priced slightly higher than similar standard cars).

Now, over the phone I had stated that it would be a non refundable deposit, however in the email I sent him as a 'receipt' I didn't state non refundable (schoolboy error) however I did state the the car is now off the market and I have told other buyers that it is sold, which he agreed to. In his emails he stated 'coming to collect the car' not 'coming to view the car' so in both of our minds it was obviously sold.

Where do I stand with having to refund the deposit? I spent a lot of my time sending him extra photos / information about the car, and will now have to re-advertise and do through the whole thing again.

Thanks in advance.

[ol]

JM said:

Is this a private sale?

Yes, private sale

[ol]

Thanks for the replies. Does anyone know the legal position on it, or is it one of the grey areas?

I feel that in a court of law, from the emails we have exchanged, the sale was definitely confirmed, and the fact that I went above and beyond for him by doing things like putting the new tyres on and sending so many photos showed that we were both under the impression that it was a done deal.

[ol]

LoonR1 said:

ol said:

Thanks for the replies. Does anyone know the legal position on it, or is it one of the grey areas?

I feel that in a court of law, from the emails we have exchanged, the sale was definitely confirmed, and the fact that I went above and beyond for him by doing things like putting the new tyres on and sending so many photos showed that we were both under the impression that it was a done deal.

I'm certain it will all be in the thread that I linked, that will state all the laws in favour of the purchaser.

From what I have read in the linked thread it looks as though "The redress for either party for a breach of contract is the recovery of any loss incurred. Anything else is a penalty and not enforceable." So this would indicate I can deduct the cost of the new tyres, as well as costs to re-advertise the car and my time lost in the whole debacle.

[ol]

OK, well I have tried to settle it with him reasonably, but he seems set on the Glass' price guide being the be all and end all, even though there is not a car in the country for sale within about £5,000 of what they give as the value.

I have told him that should he wish to break our contract I will be holding on to the deposit until I have secured a sale elsewhere, at which time I will refund him less the associated advertising costs, cost of the tyres, and less any amount under the initial agreed sale price.

I think that's fair enough.

Thanks for all the advice.