Car sale fell through - can I keep the deposit?

comdw

I had a buyer for the car I'm selling privately and I received a £75 deposit about 4 weeks ago. Unfortunately after numerous arrangements for the buyer to pay the balance (a further £620) and collect the car, he's still not actually done this.

Each time I have to phone him and he assures me that he still wants the car and then arranges another day to collect it, and so on.

The last time I managed to speak to him I told him that I had to put the car up for sale again. He said he would call back later that day, but of course he didn't.

My only worry now is whether I can keep the £75 deposit with a clear conscience. I never even wrote out a receipt for it as he dropped it through the letterbox in cash. Am I right in thinking that these sort of deposits are non-refundable in these circumstances?

Also, I don't particularly want to make an enemy here as he's actually the window cleaner for our block of flats...

VH

He's obviously messing you around!

If it was me, I'd keep the deposit for the inconvenience.

If you don't want to upset him, tell him you've sold it to someone else and return his deposit. That way you have a clear conscience.

To be honest I wouldn't even take a deposit for £700, I'd insist on getting the cash all at once.

grumbler

I understant that this is the only purpose of a deposit: if buyer changes mind he loses it. Otherwise, why do we pay it? Once I paid £25 deposit for a £100 bed in the shop (they promised to keep it for a few days). When I changed my mind and they refused to return it to me - they were right and I do not have any hard feelings...

rizla01

Since there is no receipt he couldn,t take you to court as it would be his word aginst yours should you choose to deny receiving it.

He may have genuine reasons for not being able to purchase so I would be inclined to ask him if there is a problem as it has been so long since he agreed to make the purchase.

He is in 'Breach of promise' and you could, in law, insist that he goes ahead with the purchase, but it would be costly and not worth the trouble unless you can prove that you are out of pocket over this.

Several ways of looking at it but if you want to do what I would do then I suggest that you tell him that, because you had to turn away several potential buyers and that his promise has lost you a sale then you feel that the deposit should be forfeitted to go some way towards compensating you for the loss of time and money caused by his actions.

If he disagrees then perhaps you may wish to compromise and return, perhaps, half.

either way you will make an enemy, I'm afraid.

To avoid this be a bit more patient and wait and see what he suggests.

It also depends, somewhat on how big he is and how big you are.:)

Just MY thoughts.

Riz

Paul_Varjak

Breach of Promise? That is an anarchic law of promising to marry someone but failing to do so!

I think you mean breach of contract!

MarkyMarkD

anarchic! LOL

I think you mean archaic, Paul.

Tony_H_3

I would be inclined to ask him to purchase the car within X number of days or you will refund X number of pounds and seek another buyer, explain to him that you would not be happy to keep all of the deposit and this is the sole reason for you returning X amount prior to selling the car to another person.

If he takes back what you offer him, he obviously doesn't want the car or can't afford the car.

If he refuses to take what you offering him back he obviously wants the vehicle, you could knock a further few quid off the vehicle if he agrees to purchase it sooner than the aformentioned number of day's.

Paul_Varjak

MarkyMarkD wrote:

anarchic! LOL

I think you mean archaic, Paul.

It is amazing what spelling mistakes I can make sometimes!

andy88_2

If he doesn't buy it, I suppose there is a case that you will have to spend more money to advertise the car, but I would still be inclined to offer all the money back, and see what happens.

N9eav

I guess he would have to contest you in court if you kept it for good reason and he did'nt agree. However, if he is some dort of psycho then you may wake up one morning to find that someone has keyed the paintwork! Maybe levy an admin charge for re-advertising due to timewasting

loopy_lass

i wud say ... "er and what deposit was this"? ... no evidence, no crime i say....