Car sale fell through - can I keep the deposit?

jjames_3

Personally, I think the most reasonable course of action is to give him a call, and tell him in no uncertain terms that he either buys the car in the next week (or whenever, your call) or calls to collect the deposit. If he fails to do either of those two within the agreed time-frame, you keep all the cash. Can't say fairer than that. If he really wants the money back it's up to him to collect it.

jockettuk

i would be inclined to keep half the deposit for your phone calls etc that you've had to keep making to him... but give him one more chance tell him he will have to purchase the car within the next week or you will have to resell .. mabey he short of cash why dont you ask him if he wants to pay mabey a hundred pounds a week untill paid off after all you have had it sitting around for 4 weeks already.. but dont give to him untill he pays up in full

Jacster_2

Or hang onto the deposit until he asks for it. In the meantime, readvertise the car. When he asks for his deposit back, deduct the re-advert costs (keep the receipt) and any reduction in price you had to agree in order to sell the car (again, keeping a record)

If he is a nutter, give it all back!

Good luck.

culpepper

I always thought the deposit was so that you didnt then sell it to someone else,a sort of holding fee. Dont know where you'd stand about keeping all of it if he turned up on the doorstep with a policeman. I reckon the suggestions above about deducting your 'expenses' is probably all you would get away with.

BenL

Keep the deposit if they don't pay up within a time you set.

Autotrader and adverts in the paper cost money, the £75 won't go too far in advertising costs.

Especially keep it if you have been turning people away.

Ben

Freebie_Hunter_2

A deposit is normally non-returnable on anything.
You have contacted him and given him a reasonable amount of time to pay for and collect the car.

I would send him a letter and keep a copy for yourself explaining that if he doesn't collect the car by a certain date (say a week) then you will have no choice but to re-advertise the car and he will in turn lose his deposit.

It's then official and if he does look at small claims court, he won't have a lot to go by!

comdw

Thanks for the many responses! I don't even have his address to write a letter, but the fact that he didn't leave it with the deposit probably strengthens the argument for keeping it.

I've not heard from him for over a week now (and that was me calling him!), and have re-advertised the car. If he wants any of his deposit back he'll have to work pretty hard (or be a complete nutter as everyone keeps saying...)!

Altarf

Freebie_Hunter wrote:

A deposit is normally non-returnable on anything.

This is not correct.

If a buyer breaches a contract by failing to go through with a purchase, the seller is entitled to damages for any loss they incur. For example additional advertising costs, having to sell at a lower price, etc.

However if there is no loss (e.g. you sold the car straight away for the same price as agreed with the original buyer without having to advertise again), then there are no damages for the buyer to pay and you are not entitled to keep the deposit.