Private buyer wants deposit back- opinions please.
Discussion
You pay a deposit on something to secure the sale.
Its not that he can't afford it its because he's changed his mind.
When we take deposits it's made clear its NON refundable.
You don't need to give him a penny back however you could if you're feeling generous offer half back to cover your costs as a goodwill gesture.
Its not that he can't afford it its because he's changed his mind.
When we take deposits it's made clear its NON refundable.
You don't need to give him a penny back however you could if you're feeling generous offer half back to cover your costs as a goodwill gesture.
Meeting in the middle is probably the route I’d go down to save the hassle and be fair. Was just wondering from a legal perspective where I stood?
Just makes it seem pointless taking a deposit if someone can just demand it back 2 weeks later after I’ve missed out on other sales and paid for the advert etc.
Just makes it seem pointless taking a deposit if someone can just demand it back 2 weeks later after I’ve missed out on other sales and paid for the advert etc.
For legal advice, you would need to post exactly what was said or written when you reached your agreement, and bear in mind also that there are not AFAIK all that many Scottish civil lawyers here. The contract was governed by Scottish law. IAAL but IANASL.
The pragmatic advice is to deduct costs and return the rest. Strictly speaking, you might be able to sue the dude for not buying, if you later sell for a lower price, but that would be pointless hassle.
The pragmatic advice is to deduct costs and return the rest. Strictly speaking, you might be able to sue the dude for not buying, if you later sell for a lower price, but that would be pointless hassle.
Tell him you are keeping his deposit until you manage to resell the car and see what the new sale price is.
If its the same selling price deduct the cost of readvertising plus a suitable amount reflecting your additional time and hassle.
If you sell the car for less or more than agreed with the timewaster make the appropriate adjustment. Bear in mind you car will be dropping in value month by month so its likely there will be very little left out of his £400.
He faffed you about for 14 days so he won't mind waiting for whatever little money he gets back.
If its the same selling price deduct the cost of readvertising plus a suitable amount reflecting your additional time and hassle.
If you sell the car for less or more than agreed with the timewaster make the appropriate adjustment. Bear in mind you car will be dropping in value month by month so its likely there will be very little left out of his £400.
He faffed you about for 14 days so he won't mind waiting for whatever little money he gets back.
Seems to me that you agreed a contract under which he agreed to pay £400 there and then and the balance on collection. So you have an enforceable contract. You are under a duty, I think, to mitigate your loss arising from his breach of contract.
So readvertise the car. Let's say you agreed a deal at 9,500 with the original buyer. You sell to the second buyer for say 9,200. So you have lost 300 compared with the original deal. Send him the difference of 100 less any costs incurred in the second sale.
For the moment tell him to p
s off.
So readvertise the car. Let's say you agreed a deal at 9,500 with the original buyer. You sell to the second buyer for say 9,200. So you have lost 300 compared with the original deal. Send him the difference of 100 less any costs incurred in the second sale.
For the moment tell him to p
s off. I think I'd probably take the approach that, given the current clusterfk that's happening around us, he's had news from work that he either no longer has a job, or has been furloughed, or taken a pay cut.
These are difficult times. If I felt as though I was likely to come out of the economic situation unscathed, I'd probably just refund him his money and feel that I'd morally done the right thing.
k that's happening around us, he's had news from work that he either no longer has a job, or has been furloughed, or taken a pay cut.These are difficult times. If I felt as though I was likely to come out of the economic situation unscathed, I'd probably just refund him his money and feel that I'd morally done the right thing.
Busterbulldog said:
It is too much money to keep , give it back. st happens.
This. £400 hardly worth being a pedantic cock over given the value of the asset you are selling, when it might mean more to the time waster, which is an all too common hazard when selling cars. You also don’t seem to have made it clear whether it was refundable or not based on your post. You made an assumption only about what you thought it meant without being clear to the time waster. When you re-advertise, Define the deposit amount and describe as non refundable explicitly on the ad. Provide a receipt when you receive said deposit and again, confirm it is non refundable per the ad. t happens.IANAL, but just providing some advice.
Has he just said he can't afford it and given nonreason? It's probably as mentioned above, no job or Furlough.
Any other time, I'd tell him to sing, but at times like this some compassion might not go amiss.
If you're not feeling it and can be bothered, deduct your costs and refund x sum. Unless you really need the monies?
At least you have a nice clean car to look at....
Any other time, I'd tell him to sing, but at times like this some compassion might not go amiss.
If you're not feeling it and can be bothered, deduct your costs and refund x sum. Unless you really need the monies?
At least you have a nice clean car to look at....
I'd side with Non Refundable deposit brigade. You shouldn't have to state that a deposit isn't (or is) refundable, as far as I'm concerned a deposit secures the sale of an item and you forfeit it if you change your mind.
If you tell him to do one I can't imagine he'll come knocking if he is 400 miles away, but if you are feeling a little generous I would deduct the costs of having the car detailed and the cost of re-advertising it and refund the rest. Make it clear that he is lucky to be getting anything back though.
If you tell him to do one I can't imagine he'll come knocking if he is 400 miles away, but if you are feeling a little generous I would deduct the costs of having the car detailed and the cost of re-advertising it and refund the rest. Make it clear that he is lucky to be getting anything back though.
Meeten-5dulx said:
Has he just said he can't afford it and given nonreason? It's probably as mentioned above, no job or Furlough.
Any other time, I'd tell him to sing, but at times like this some compassion might not go amiss.
If you're not feeling it and can be bothered, deduct your costs and refund x sum. Unless you really need the monies?
At least you have a nice clean car to look at....
^ this - its difficult times, you still have the car and there is no malice, he was set to buy then something happened. sAny other time, I'd tell him to sing, but at times like this some compassion might not go amiss.
If you're not feeling it and can be bothered, deduct your costs and refund x sum. Unless you really need the monies?
At least you have a nice clean car to look at....
t happens. its honestly no skin off of your nose, people will be having a lot worse things to worry about than buying a car, he may be trying to keep a roof over his head.Id ensure that the money has transferred and no chance of it bouncing. wait a month say until absolutely certain and send him a chunk of it back. keep enough to readvertise. or if feeling the goodwill to all men all back minus bank charges if any...
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