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Gumtree buyer pulling out of sale

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Hi,

On Friday someone phoned me regarding an advert on Gumtree I had for a horse trailer I had for sale. They couldn't make it to view it until the middle of this week and I explained i had already had several phone calls about it but she was desperate for it so offered to pay a deposit via paypal without having seen it. The remainder would be paid in cash on collection.

I agreed, received the payment via paypal as discussed and then pulled the advert down.

The buyer has now sent me an email saying they have changed there mind and have opened a dispute on paypal to retrieve the deposit.

How will paypal react to this? I believe the buyer placed a deposit to secure an item and they have pulled out therefore they should either go through with the purchase or they should forfeit the deposit. however, from past experience with paypal my expectation is they will side with the buyer.

Any ideas?
The difference between genius and stupidity is that genius has its limits
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Comments

  • Caz3121
    Caz3121 Posts: 15,832 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    you will likely get more help over on the ebay board as the peeps over there know all about paypal
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Hi,

    On Friday someone phoned me regarding an advert on Gumtree I had for a horse trailer I had for sale. They couldn't make it to view it until the middle of this week and I explained i had already had several phone calls about it but she was desperate for it so offered to pay a deposit via paypal without having seen it. The remainder would be paid in cash on collection.

    I agreed, received the payment via paypal as discussed and then pulled the advert down.

    The buyer has now sent me an email saying they have changed there mind and have opened a dispute on paypal to retrieve the deposit.

    How will paypal react to this? I believe the buyer placed a deposit to secure an item and they have pulled out therefore they should either go through with the purchase or they should forfeit the deposit. however, from past experience with paypal my expectation is they will side with the buyer.

    Any ideas?
    You will be better off without this buyer.

    It is never a good idea to accept a Paypal payment for collected goods unless you are prepared to lose that Paypal amount.

    Imagine if the seller had turned up and collected the thing as planned. They would pay the balance, hopefully cash, and be on their way. They only need to tell Paypal that the goods were never received and Paypal would refund their deposit as you would never be able to show Paypal proof that the buyer had received the goods.

    Just refund the seller and relist the item or contact other interested potential buyers.
  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    It may be classed as a vehicle so Paypal protection wouldn't apply.


    Regardless she can be held liable for your losses for pulling out of the sale.


    You must however mitigate those losses, if you re-advertise it and sell it again for the same price then you have no losses and must return the deposit. Gumtree is free and you had a few phone calls so you don't really have a problem selling it. Keeping the deposit would be classed as an unfair penalty on the buyer so just remember this when you sell it again. Of course it's very inconvenient for you but the law only allows for actual losses, not inconvenience.
  • wealdroam wrote: »
    You will be better off without this buyer.

    It is never a good idea to accept a Paypal payment for collected goods unless you are prepared to lose that Paypal amount.

    Imagine if the seller had turned up and collected the thing as planned. They would pay the balance, hopefully cash, and be on their way. They only need to tell Paypal that the goods were never received and Paypal would refund their deposit as you would never be able to show Paypal proof that the buyer had received the goods.

    Just refund the seller and relist the item or contact other interested potential buyers.

    I often wonder in cases like this if PayPal would accept CCTV evidence of a buyer collecting the item, or a recorded conversation when the item was collected, with them confirming name and address but not knowing the conversation was being recorded.
  • As they have started a claim, you can do nothing and paypal will decide.
    Re-advertise and sell.
    This time, no saving, first to door with cash, just like anything else for sale usually.
    I do Contracts, all day every day.
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    bris wrote: »
    It may be classed as a vehicle so Paypal protection wouldn't apply.
    Paypal's buyer protection does exclude 'motorised vehicles (of any kind)', but I imagine horse trailer not to be motorised.
  • soolin
    soolin Posts: 74,131 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    I often wonder in cases like this if PayPal would accept CCTV evidence of a buyer collecting the item, or a recorded conversation when the item was collected, with them confirming name and address but not knowing the conversation was being recorded.

    They wouldn't - the paypal seller protection rules are very clear and not negotiable.
    I’m a Forum Ambassador and I support the Forum Team on the eBay, Auctions, Car Boot & Jumble Sales, Boost Your Income, Praise, Vents & Warnings, Overseas Holidays & Travel Planning , UK Holidays, Days Out & Entertainments boards. If you need any help on these boards, do let me know.. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.All views are my own and not the official line of MoneySavingExpert.
  • soolin wrote: »
    They wouldn't - the paypal seller protection rules are very clear and not negotiable.

    I really should read them, especially being an eBay seller!
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Just put it back up for sale and move on.

    If your losses are worth pursuing then send a recorded letter detailing the losses to the buyer, add this tracking ID to paypal, when paypal find in your favor (goods have been delivered) refund the remainder. Very underhand, very scammy but hey ho
  • wealdroam wrote: »
    Paypal's buyer protection does exclude 'motorised vehicles (of any kind)', but I imagine horse trailer not to be motorised.

    It's not only motorised vehicles that are excluded as caravans and boats also are not covered.
    Another couple of reasons why the dispute should go in the OP's favour if Paypal are doing their job properly is that only payments for the full selling price of goods are covered (deposits are excluded from protection) and goods that to be collected are also excluded.

    However, Paypal often seem to make it up as they go so anything could happen.
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