Buyer changed her mind. Should I return her deposit?

browneyedbazzi

I'm a bit late to join in here, but I agree with the advice given by Avoriaz.

The issue here is a basic contract law issue - you cannot keep a deposit as a penalty for breach of contract. You can keep a deposit or a portion of a deposit if the other party's breach of the contract has caused you a loss. The amount that you keep has to be equal to the actual loss you have suffered or a genuine pre-estimate of the loss.

There's a fair bit on this subject on the consumer rights board:

https://forums.moneysavingexpert.com/discussion/comment/42873192#Comment_42873192

Harryonesock

A deposit is a deposit!! I wouldn't give it back!! Can I buy it for 250?!!!;))

DaftyDuck

lee111s wrote: »

Keep it. Tell her tough...If she's from elsewhere I doubt she knows your address?

Presumably she knew where to collect it from.....

Cookiecrumble

Ok I sent a text stating that I would only return the deposit if I was able to find another buyer.
I got a swift reply
How could I do that to a single mother of 3, she would have never have done that to me. She has been let down as well & cant afford to lose £250. So if I don't find a buyer by next weekend she will come and get the conservatory and try to sell it herself.

I've told her that if I don't find another buyer I'd be very happy for her to complete the purchase next weekend as previously arranged.

lee111s

She can't lose £250 but is willing to risk £500 on something which she may be very hard pushed to sell. If I were you I'd not bother trying to sell it and collect the easy £500 in a week!

robatwork

Cookiecrumble wrote: »

How could I do that to a single mother of 3, she would have never have done that to me. She has been let down as well & cant afford to lose £250.

Won't someone think of the children!

Next thing she'll be telling you how they cut themselves on a poundland glitter ball, although I could be mixing up my threads here.

I would tell her you are moving her £250 into a special account where you will hold it until you can sell or dispose of the conservatory. As others have said, you should be left "whole" at the end of this - did you get other responses to your advert that you put off due to her deposit?

Cookiecrumble

Someone has just hit BIN on ebay. So fingers crossed the sale will go smoothly & I will be able to refund her deposit after all. Do folks think it would be reasonable to deduct the £50 ebay fee?

Avoriaz

Cookiecrumble wrote: »

Someone has just hit BIN on ebay. So fingers crossed the sale will go smoothly & I will be able to refund her deposit after all. Do folks think it would be reasonable to deduct the £50 ebay fee?

That depends.

If the first sale had gone through you would have paid a £50 fee on a £500 sale.

If the latest sale goes through at £500 you will pay a £50 fee but you should be able to do a mutual cancellation of the first sale and get that £50 fee back. That does rely on the first purchaser agreeing to a mutual and clicking the correct buttons and that often doesn't happen. See the eBay boards for more details.

So, if all goes ok you shouldn't have two lots of £50 fees.

Whether you keep £50 back from the first buyer to compensate you for all the aggro she has put you through is up to you. I certainly don't think it is unreasonable to retain £50, the amount she offered you, but it may be more satisfying to just refund her in full. That leaves you no worse off than if she had never bought the thing in the first place.

Maybe compromise and retain £10 to £25 to cover any extra listing fees and wasted time etc.

Good luck.

Cookiecrumble

Thanks for your reply. The first sale was via Gumtree so no fees. Her actions caused me to re-advertise incurring £50 ebay fee.
I think I've just answered my own question. But it's good to know what others think.

Avoriaz

In that case you are fully justified in retaining at least £50.