selling a second hand car. sold at time of deposit?

carol11151

Hi,
I recently tried to sell my car. A buyer paid a deposit and said he had to sort out insurance either the following day or the day after.. He has written to me stating the car was in excellent condition when he paid the deposit. Two days later the car was vandalized on my driveway. Am i right in thinking the sale contract is valid as the car was ok when he agreed to buy it. He now refuses to buy the car and wants his deposit back stating that he has opened a case with trading standards.
I have told him if he renagues on the contract he will lose his deposit.
Any expert opinions?
Thanks

burlington6

Give him his deposit back

[Deleted User]

He agreed to buy the vehicle, in the condition it was in, when he viewed it.

The vehicle is no longer in that condition.

Give him his deposit back.

worried_jim

Words fail me.....

burlington6

The Op is probably the type of person who would be on here moaning if the situation was reversed

[Deleted User]

I agree burlington6.

Ask yourself this OP.

You go to Cash Generator/Converter and choose a TV, leave a deposit, and arrange to collect it in a couple of hours, after you've done your shopping.

When you go to collect it, they bring it out, and it's wrecked.

They explain that it was dropped, as it was being lifted from the display shelf.

Would you happily take it home anyway, on the grounds that "the sale contract is valid as the TV was OK when you agreed to buy it"?

arcon5

Yes a contract has been formed, but not yet been completed/fulfilled. You was still the bailee of the vehicle and under your care it has been vandalised, therefore YOU are unable to fulfil the contract by supplying the vehicle advertised!


Had the whole amount been paid and he was just using your driveway for temporary storage (thus ownership had transferred) it may be a different story prviding you'd shown a reasonable duty of car.

The fact you think you can still complete this purchase is unreal!!!!

facade

If he had paid for the car in full it became his, and he left it on your drive at his own risk.

If the sale had not been completed, then either give him the car in the condition that he agreed to buy it on the day he agreed to complete the sale, or refund his deposit.

topdaddy_2

How is this a trading standards issue?

iolanthe07

Give him his deposit back and just be grateful if he doesn't sue you for any consequential losses he may have incurred.

I am picking up a brand new car next week from a main dealer. The dealer gave me a price for my trade-in about a month ago in the condition it was in then - he will have allowed for the extra mileage incurred since then, of course. Do you imagine for one moment that he would honour that price if I took it in damaged? You must claim on your insurance to put the car back in the condition it was and then offer it for sale again. It's tough luck on you, but !!!!!! happens.

force_ten

carol11151 wrote: »

Hi,
I recently tried to sell my car. A buyer paid a deposit and said he had to sort out insurance either the following day or the day after.. He has written to me stating the car was in excellent condition when he paid the deposit. Two days later the car was vandalized on my driveway. Am i right in thinking the sale contract is valid as the car was ok when he agreed to buy it. He now refuses to buy the car and wants his deposit back stating that he has opened a case with trading standards.
I have told him if he renagues on the contract he will lose his deposit.
Any expert opinions?
Thanks

give him his money back and apologise for wasting his time

you cant keep his deposit