Private car sale - buyer wants deposit back

nby_2

Hi,

I hope you can help.

Long story short, I advertised my car for sale on the internet, a guy contacted me and I answered every question he had and we agreed a deposit of £500 (last week) for the car with the remainder to be paid on collection in which I removed the advert off of the internet immediately. The guy is a good 5 hour drive away and therefore he has not seen the car in the flesh and was meant to turn up yesterday but phoned on the day saying that he physically can't (see below)..

He injured his arm a week ago (last Sunday) 2 days after sending the deposit (on Friday) but we spoke via email (which I have copies of) and HE confirmed that he would still come and collect said car on said date as he drives an automatic and pay the rest of the money.

He is now asking for a full refund as he stated the deposit was "upon inspection + test drive"

Where do I stand as I have been truthful and the car is exactly how was described including photos etc and I have nothing to hide?! I am now out of pocket and its pretty inconvenient for me.

I have given him a week to arrange collection, is this fair? I even looked into driving the car there myself to help him out and hitching a train back at the buyers cost?

Thanks all

CapJ

nby wrote: »

Hi,

I hope you can help.

Long story short, I advertised my car for sale on the internet, a guy contacted me and I answered every question he had and we agreed a deposit of £500 (last week) for the car with the remainder to be paid on collection in which I removed the advert off of the internet immediately. The guy is a good 5 hour drive away and therefore he has not seen the car in the flesh and was meant to turn up yesterday but phoned on the day saying that he physically can't (see below)..

He injured his arm a week ago (last Sunday) 2 days after sending the deposit (on Friday) but we spoke via email (which I have copies of) and HE confirmed that he would still come and collect said car on said date as he drives an automatic and pay the rest of the money.

He is now asking for a full refund as he stated the deposit was "upon inspection + test drive"

Where do I stand as I have been truthful and the car is exactly how was described including photos etc and I have nothing to hide?! I am now out of pocket and its pretty inconvenient for me.

I have given him a week to arrange collection, is this fair? I even looked into driving the car there myself to help him out and hitching a train back at the buyers cost?

Thanks all

This is perfectly reasonable. He paid a deposit and you took the car off the market potentially losing sales. The deposit was to hold the car. He now seems to be changing his mind - that is his problem.

As for "on inspection and test drive" well since he hasn't inspected or test driven through no fault of yours, he can hardly claim his money back. As long as the car is as described....
If he doesn't take you up, readvertise the car, deduct from the deposit extra costs, something for your time + any reduction in the sale price of the car and send him what's left (if anything).

Broadstone

nby wrote: »

I am now out of pocket and its pretty inconvenient for me.

How are you out of pocket ? Just re-advertise the car and try to sell it again. You will only be out of pocket if the new buyer ofers you less than the new buyer ? Request him to pay for your re-advertising costs only and, in the event, that your get less for the car, request him to pay the difference.

Seems only fair to me from what you have said.

pinkshoes

To compromise, why not offer him a return of his deposit, minus the cost of re-advertising it again, plus "storage costs" given he took so long to tell you he wasn't coming?

Broadstone

pinkshoes wrote: »

To compromise, why not offer him a return of his deposit, minus the cost of re-advertising it again, plus "storage costs" given he took so long to tell you he wasn't coming?

What storage costs ? Has he had to pay anything in order to keep the car on his drive, his garage, his road, etc. ? If not, storage costs cannot be subtstantiated and are are irrelevant.

fthl

perhaps so. Legally I think you can keep the deposit and tell him to put up or shut up. Practically, deduct the cost for re advertising and return him the rest. That seems fair.

roddydogs

Of course its not just "The Cost of Readvertsing", there the insurance that has to be kept up, plus all the hassle........did you agree it was on condition of an examination + test drive?

Judas

Legally the OP has no right to keep the deposit. The deposit should be returned; the OP can sue for any losses related to the breach of contract however these need to be quantifiable which isnt very easy.

Equaliser123

Judas wrote: »

Legally the OP has no right to keep the deposit. The deposit should be returned; the OP can sue for any losses related to the breach of contract however these need to be quantifiable which isnt very easy.

No. Legally, the OP can keep the deposit if it was a genuine pre-estimate of the loss likely to be suffered by the purchaser not performing his side of the bargain.

Much will depend on the facts in this case.

adam.mt

Is it in writing that the deposit was "upon inspection + test drive" and what is the exact wording?

Judas

Equaliser123 wrote: »

No. Legally, the OP can keep the deposit if it was a genuine pre-estimate of the loss likely to be suffered by the purchaser not performing his side of the bargain.

Much will depend on the facts in this case.

Yet every time there is a case of a buyer complaining about a trader doing this you post saying they cant justify it so surely you would think the same here, or are you a hypocrite?