Return a deposit - Private sale
Discussion
Hello knowledgeable folk!
I just wanted to ensure my actions will be deemed as acceptable by the PH crew.
I advertised a car and within the hour it was sold, full asking, deposit paid. He asked a few questions but didn't seem too know much about the car he was buying, at all, a non enthusiast. The car in question is a BMW X3 M.
It's a new car and delivery was to be made to me in a couple of weeks. A few days before delivery I let him know the date and would he like to collect that day. He was too busy so he would arrive the following day after delivery.
He rang the day after the car arrived and said he couldn't collect until the following week, some 6 days later.
He was supposed to arrive today, he rang me this morning and said he couldn't make it, he had to go to a funeral so would collect in a few days.
I asked him if he wanted the car, a bit callus perhaps as he was about to bury his mums friend.
So I am going to repay his deposit as I can see this going on for a while. I did have a feeling it would play like this, his attitude about the car and non-excitement.
Therefore - if I repay his deposit he cannot do anything like claim the car is his or argue that I had no right to withdraw from the agreement etc?
I just wanted to ensure my actions will be deemed as acceptable by the PH crew.
I advertised a car and within the hour it was sold, full asking, deposit paid. He asked a few questions but didn't seem too know much about the car he was buying, at all, a non enthusiast. The car in question is a BMW X3 M.
It's a new car and delivery was to be made to me in a couple of weeks. A few days before delivery I let him know the date and would he like to collect that day. He was too busy so he would arrive the following day after delivery.
He rang the day after the car arrived and said he couldn't collect until the following week, some 6 days later.
He was supposed to arrive today, he rang me this morning and said he couldn't make it, he had to go to a funeral so would collect in a few days.
I asked him if he wanted the car, a bit callus perhaps as he was about to bury his mums friend.
So I am going to repay his deposit as I can see this going on for a while. I did have a feeling it would play like this, his attitude about the car and non-excitement.
Therefore - if I repay his deposit he cannot do anything like claim the car is his or argue that I had no right to withdraw from the agreement etc?
An unusual situation OP, you're getting a brand new car and selling it immediately - is that right? I suppose the buyer wants to circumvent the lead time and is paying over list price for it?
Anyway - I believe you're entitled to return this chaps deposit and cancel the sale as he failed to collect to car on the agreed date.
Anyway - I believe you're entitled to return this chaps deposit and cancel the sale as he failed to collect to car on the agreed date.
Be careful what you do next, not an identical scenario but a cautionary tale! https://www.pistonheads.com/gassing/topic.asp?h=0&...
geeks said:
Be careful what you do next, not an identical scenario but a cautionary tale! https://www.pistonheads.com/gassing/topic.asp?h=0&...
Yes, I remember that thread.The key difference here is that the buyer has been given reasonable opportunity to complete the 'bargain' but has failed to do so. Quite different in that respect to the case you mention
Canon_Fodder said:
geeks said:
Be careful what you do next, not an identical scenario but a cautionary tale! https://www.pistonheads.com/gassing/topic.asp?h=0&...
Yes, I remember that thread.The key difference here is that the buyer has been given reasonable opportunity to complete the 'bargain' but has failed to do so. Quite different in that respect to the case you mention
geeks said:
Be careful what you do next, not an identical scenario but a cautionary tale! https://www.pistonheads.com/gassing/topic.asp?h=0&...
I remember that thread! I'm keeping the car, so he can't, maybe, claim loss. I think I agree with what's been said, a hobby dealer who had a buyer, pulled out and is trying to move on hence the delays. I'll ring him tomorrow and let him know.
knitware said:
geeks said:
Be careful what you do next, not an identical scenario but a cautionary tale! https://www.pistonheads.com/gassing/topic.asp?h=0&...
I remember that thread! I'm keeping the car, so he can't, maybe, claim loss. I think I agree with what's been said, a hobby dealer who had a buyer, pulled out and is trying to move on hence the delays. I'll ring him tomorrow and let him know.
The mind boggles.
Belle427 said:
I'm still trying to get my head around that thread, loss of bargain?
The mind boggles.
- A contract was formedThe mind boggles.
- A contract was broken
- One party lost out because the contract was broken by the other party
- the law allowed that loss to be recovered, because it was due to the contract breach.
Ian Geary said:
- A contract was formed
- A contract was broken
- One party lost out because the contract was broken by the other party
- the law allowed that loss to be recovered, because it was due to the contract breach.
Understood but contract formed using what's app messages?- A contract was broken
- One party lost out because the contract was broken by the other party
- the law allowed that loss to be recovered, because it was due to the contract breach.
That's the bit I struggle with.
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