car deposits rights

allpine5346

Hi i advertised my second hand car as a private sale on autotrader someone came and left me £1000 depopsit so i took it off the advert as it was sold , 2 days later he has told me that he no longer wants the car as he cant afford it , do i have to give him his deposit back ?

Alias_Omega

I guess it depends if the deposit was "non-refundable".? Did you mention that the deposit was refundable?

If you did not give it back, whats the worst they can do? Smash your windows? Threaten you with violence? Small Claims Court?

If you are forced to give it back, I would certainly take the "costs" to re-advertise the car from the deposit.

Good Luck..

Alias

allpine5346

Alias_Omega wrote: »

I guess it depends if the deposit was "non-refundable".? Did you mention that the deposit was refundable?

If you did not give it back, whats the worst they can do? Smash your windows? Threaten you with violence? Small Claims Court?

If you are forced to give it back, I would certainly take the "costs" to re-advertise the car from the deposit.

Good Luck..

Alias

i gave him a receipt but i did not put on non refundable deposit , i have since turned down buyers as i told them it wass sold , how do i stand legally ?

colino

Readvertise, sell the car and deduct from the deposit the ad costs, your re-valeting and a days wages.
I've never came across someone who can leave a grand deposit in cash and only then remember they can't afford the car.

[Deleted User]

If he has agreed to buy the car, then I believe the sale has been completed, and he owes you the balance.

hartcjhart

legally you do not have to refund the deposit
morally it's up to you
what 'colino' says is a good way

Alias_Omega

Legal Position? I dont know, i am not a solicitor.

I would however probably go with that you can only take what it costs you, to put you back in the position you were before the contract was formed with the buyer.

So that could be -
a) Actual costs to relist the car on Autotrader
b) A monetary amount to reimburse you for fuel used/your time etc.

allpine5346

colino wrote: »

Readvertise, sell the car and deduct from the deposit the ad costs, your re-valeting and a days wages.
I've never came across someone who can leave a grand deposit in cash and only then remember they can't afford the car.

the car was £17500 he has since told me that he had some unexpected bills and he can now not afford it , whether this is the truth or not i dont know but how do i stand legally ?

allpine5346

Bedsit_Bob wrote: »

If he has agreed to buy the car, then I believe the sale has been completed, and he owes you the balance.

but if he says he hasnt got the balance i cant make him give it to me

[Deleted User]

allpine5346 wrote: »

but if he says he hasnt got the balance i cant make him give it to me

True, but I'd certainly insist he reimburses you, for your out of pocket expenses.

hartcjhart

allpine5346 wrote: »

the car was £17500 he has since told me that he had some unexpected bills and he can now not afford it , whether this is the truth or not i dont know but how do i stand legally ?

see #6,the law is the same for traders or private,he entered into a 'legally' binding contract.
although this link is about the 'trade' it still applies

http://viperandvine.tripod.com/sitebuildercontent/sitebuilderfiles/refunds.pdf