Buyer changed her mind. Should I return her deposit?

Cookiecrumble

I advertised a large conservatory last month on Gumtree. A lady was very keen & agreed to buy it for £500. She lives some distance away but was very excited and certain she wanted it after checking lots of details and photos. She offered to pay a deposit of £250 into my bank a/c and agreed a collection date, which would be next weekend.
However she contacted me yesterday to say she can't buy it now as her council won't allow her to have such a large conservatory. She asked me to return her deposit. I told her I was not happy as I could have sold it to someone else by now and I need it gone before builders arrive to start work on our new extension. So I may well have to pay for the conservatory to be taken down and deposed of. She has offered me £50 and asked me to return £200 of her deposit.
But my question is what is the point of a deposit if a buyer can change their mind and expect the deposit returned? I took the deposit as a guarantee that she would complete the sale and not back out, but it's proved pointless.
I'm happy to return all her money if I'm able to find a new buyer. But as it stands I'm not sure she should expect me to return anything to her.
I'd value others views on this, and also does anyone know how I stand legally?

DRP

i agree - this is the whole point of a deposit.

Sorry i'm not sure how you stand legally, but perhaps you could work out how much it would now cost you to have the conservatory taken away and disposed of and charge her that?

Dan-Dan

keep the deposit , tell her thats why its called a deposit , then maybe next time she`ll learn to check things properly first

Same as for any large item , i bought a car on ebay recently , i paid the guy a deposit to take it off (£100) , and if i didnt show up to buy it , i would quite rightly never see that £100 ever again

Avoriaz

Legally (in my unqualified opinion) the lady owns the conservatory as she agreed to buy it from you and has already paid half the agreed price. She also owes you the balance of £250.

Your best option is to re-advertise it. If you get another sale for £500 or more you can refund this lady her £250.

If you get less than £500, then deduct the difference from her deposit. For example, if you only get £400, then keep £100 of her deposit.

If you get less than £250, or it doesn't sell at all and you have to pay to have it demolished and removed, then keep her deposit.

I theory you could also sue her for your loss but in practice it would probably not be worth the time, effort and risk.

Inform her now in writing that this is how you plan to proceed and give her the opportunity to sell the conservatory herself or remove it herself. That should protect you from any legal action she may bring.

Please note that I am not qualified in any way to give legal advice but the above is how I would proceed. You could call the CAB for their advice or you could find a solicitor who will give a free or low cost initial consultation.

Dan-Dan

massive overkill

Avoriaz

I disagree but you are entitled to your opinion.

Let the OP decide if my post is of any worth to him.

Dan-Dan

You cant write the rules as you see fit re deposit return or otherwise

It is going to be up to the failed buyer to convince any court that they should get their deposit back , the op isnt required to go through the rigmorol you describe

Avoriaz

Dan-Dan wrote: »

You cant write the rules as you see fit re deposit return or otherwise

It is going to be up to the failed buyer to convince any court that they should get their deposit back , the op isnt required to go through the rigmorol you describe

Why are you having a go at me for trying to help the OP?

The OP clearly wants to do the right thing legally and doing what I suggest probably minimises any risk of possible comebacks.

He could just do nothing but he then risks some sort of legal action or someone arriving on his doorstep demanding money.

Personally I would spend a few short minutes putting everything clearly in writing to minimise possible future aggro.

Your are entitled to disagree. It is up to the OP to decide whose advice he chooses to follow.

Dan-Dan

I`m not having a go, maybe you should have a read of your own signature strip?!

At the end of the day, the point of taking a deposit is to give some sort of security that your buyer will show, and also to help towards any costs incurred from a no show

I don’t see how your advice helps the OP, as it is far to convoluted and isn’t necessary

As you say, let the OP decide

paulsad

Were I your buyer I wouldn't expect a refund.

Avoriaz

Dan-Dan wrote: »

..I don’t see how your advice helps the OP, as it is far to convoluted and isn’t necessary..

I'm surprised that anyone could find my post "to (sic) convoluted".

It is just simple subtraction.


Did you miss this request in the OP?

Cookiecrumble wrote: »

... and also does anyone know how I stand legally?