Buyer left a deposit but won't collect
Buyer left a deposit but won't collect
Author
Discussion

andye30m3

Original Poster:

3,499 posts

283 months

Monday 25th July 2011
quotequote all
Sold a car a couple of months ago through another forum, Buyer left a deposit a the beginning of June but still hasn't collected.

At first had a number of reasons why he'd not been able to, car needs to be trailered and this was causing issues but now refuses to respond to messages on the forum despite having been on the forum posting and hasn't replied to text's I sent over the weekend.

At what point is fair to give up and re advertise?

I have another guy interested and if he doesn't take it I'm thinking of fixing the bits that need sorting and re advertising at a price closer to it's true value, I had sold it very cheap just to get it out of the way.

GreigM

6,740 posts

278 months

Monday 25th July 2011
quotequote all
sell it....thats more than a reasonable amount of time to collect. You held your side of the bargain by holding the sale for him, but he hasn't concluded, therefore he forfeits his deposit.

Papa Hotel

12,760 posts

211 months

Monday 25th July 2011
quotequote all
Ultimatum time, pick it up or I keep the deposit and the car then sell it on.

McSam

6,753 posts

204 months

Monday 25th July 2011
quotequote all
GreigM said:
sell it....thats more than a reasonable amount of time to collect. You held your side of the bargain by holding the sale for him, but he hasn't concluded, therefore he forfeits his deposit.
Exactly this. If you were feeling many more times courteous than this timewaster has been, then you could text him once more to say 'I will be advertising the car again from tomorrow as you have failed to meet the obligations of our agreement'. And you have the deposit for your troubles wink

wolves_wanderer

12,956 posts

266 months

Monday 25th July 2011
quotequote all
One more text to make it clear that this is his last chance, you give a time convenient to you. If he can't/doesn't collect then you re-advertise with a clear conscience and his deposit.

Truckosaurus

13,258 posts

313 months

Monday 25th July 2011
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Rule One of Private Car Sales: No Deposits.

GreatGranny

9,519 posts

255 months

Monday 25th July 2011
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Definately sell it.

A month would be a decent time and its been way longer than that.

Notify him that you have given him a reasonable time to collect the car and he can have the deposit back.

balls-out

3,794 posts

260 months

Monday 25th July 2011
quotequote all
I would send him a letter registered post. You don't want him coming back later.
He has broken the contract to buy, you are giving him a week to resolve, failing that you will keep the deposit and consider any obligation on your part closed.

RemainAllHoof

80,057 posts

311 months

Monday 25th July 2011
quotequote all
I would go with the ultimatum ie collect by next Sunday or I'm re-advertising it and you can have your deposit back.

Truckosaurus said:
Rule One of Private Car Sales: No Deposits.
Why not? I've always bought and sold privately with deposits - shows definite interest and worth more than those who claim to not be wasting your time as per the other thread.

markswebpages

174 posts

206 months

Monday 25th July 2011
quotequote all
RemainAllHoof said:
I would go with the ultimatum ie collect by next Sunday or I'm re-advertising it and you can have your deposit back.

Truckosaurus said:
Rule One of Private Car Sales: No Deposits.
Why not? I've always bought and sold privately with deposits - shows definite interest and worth more than those who claim to not be wasting your time as per the other thread.
Because unless you've set out a specific time the vehicle has to collected within and what the consequences will be if you do not then i suspect your obliged to keep it until he paids the balance and collects?

OK so probably not quite that black and white, but I suspect both the seller and the buyer would be on dodgy ground if it ended up in CC.

Ozzie Osmond

21,189 posts

275 months

Monday 25th July 2011
quotequote all
RemainAllHoof said:
Truckosaurus said:
Rule One of Private Car Sales: No Deposits.
Why not? I've always bought and sold privately with deposits - shows definite interest and worth more than those who claim to not be wasting your time as per the other thread.
Agreed 100%.

Best thing to do is give a receipt for the deposit which states clearly that,

1) Balance to be paid (cash or bank transfer) and car collected by a fixed date,
2) Deposit is non-returnable and car will be sold to someone else if not collected.

McSam

6,753 posts

204 months

Monday 25th July 2011
quotequote all
Ozzie Osmond said:
Agreed 100%.

Best thing to do is give a receipt for the deposit which states clearly that,

1) Balance to be paid (cash or bank transfer) and car collected by a fixed date,
2) Deposit is non-returnable and car will be sold to someone else if not collected.
Yep, this is the best way to do it, with emphasis on number 2 - the deposit is to secure the car and is not returnable for any reason, unless the seller chooses to return it. It is effectively insurance against timewasters, which is how it should be treated in the OP's case too!

Truckosaurus

13,258 posts

313 months

Monday 25th July 2011
quotequote all
Ozzie Osmond said:
RemainAllHoof said:
Truckosaurus said:
Rule One of Private Car Sales: No Deposits.
Why not? I've always bought and sold privately with deposits - shows definite interest and worth more than those who claim to not be wasting your time as per the other thread.
Agreed 100%.

Best thing to do is give a receipt for the deposit which states clearly that,

1) Balance to be paid (cash or bank transfer) and car collected by a fixed date,
2) Deposit is non-returnable and car will be sold to someone else if not collected.
And also, the seller needs to make clear that even if a deposit is paid the car remains "For Sale" and other potential purchases will be shown the car etc. (although the original depositor's deadline will be honoured).

This then shows the weakest of the deposit system from the buyer's point of view as they are only protected from being gazumped by the sake of a few quid that the seller would happily return.

Dr Doofenshmirtz

16,952 posts

229 months

Monday 25th July 2011
quotequote all
Maybe he's dead?
Have you tried calling him...you know, to talk to him with words like what we did in the old days?

andye30m3

Original Poster:

3,499 posts

283 months

Monday 25th July 2011
quotequote all
Cheers for the replies, I've just messaged him saying if it's not collected by the weekend then I'm re advertising it.

We'll see what happens with the deposit, I understand this is a grey area but I wont be rushing to return it, He'll have to wait at least as long as he's made me wait.

Personally if I was the buyer I'd be too embarrassed to ask for my deposit back after messing someone about.


redgriff500

28,982 posts

292 months

Monday 25th July 2011
quotequote all
ALWAYS set a deadline when taking a deposit.

However CALL HIM if he won't pick up then text and post up on the forum and PM him.

Give him seven days to collect or you re sell it.

You'd be surprised how many £200 deposits I've gathered over the years.

biggrin


curlie467

7,650 posts

230 months

Monday 25th July 2011
quotequote all
Dr Doofenshmirtz said:
Maybe he's dead?
Have you tried calling him...you know, to talk to him with words like what we did in the old days?
Absolutely!

I have worked with far too many people who call the boss/manager as soon as they get on sight without even looking at what the problem was, useless people!

I remember one saying, `ooh, how did we ever manage without mobile phones`, the answer he got was `we got it right first time or we used our heads`.

I blundered off a bit on a tangent but what is wrong with just calling someone, far too many people try to text their way through deals.

GreigM

6,740 posts

278 months

Monday 25th July 2011
quotequote all
andye30m3 said:
We'll see what happens with the deposit, I understand this is a grey area
Its not a grey area - deposits by definition are non-refundable, you would have no legal issue in holding onto it

OlberJ

14,101 posts

262 months

Monday 25th July 2011
quotequote all
Dr Doofenshmirtz said:
Maybe he's dead?
Have you tried calling him...you know, to talk to him with words like what we did in the old days?
And is posting from beyond the grave?

Spooky/talented.

redgriff500

28,982 posts

292 months

Monday 25th July 2011
quotequote all
GreigM said:
andye30m3 said:
We'll see what happens with the deposit, I understand this is a grey area
Its not a grey area - deposits by definition are non-refundable, you would have no legal issue in holding onto it
Nope.

Part Payments are non refundable.

Deposits generally are refundable.