Buyer paid £1000 deposit and he is now messing me about.

DoaM

Of course he did ... he asked here.

marlot

motorguy wrote: »

Did you seek legal advice?

Well its not illegal to ask on here!

iolanthe07

As such I am entitled to forfeit any deposit paid,

The wording here is confusing. Surely he will be the one forfeiting his deposit, not you. What you meant was that you were entitled to retain the deposit,

tykesi

iolanthe07 wrote: »

As such I am entitled to forfeit any deposit paid,

The wording here is confusing. Surely he will be the one forfeiting his deposit, not you. What you meant was that you were entitled to retain the deposit,

I thought that. Always best to use correct terminology, grammar and punctuation in communications like that, I wouldn't take anything seriously with such glaring errors.

motorguy

I personally wouldnt have put the last paragraph at all.

Its basically inviting litigation.

Though i too would be seriously narked if i was the O/P

atrixblue.-MFR-.

matureoak wrote: »

Many thanks for all the views and replies. I have just sent him this message this morning.

​
Joe
The contract between us as acknowledged by you on 13/10/17 was as follows:
"Many thanks. Deposit received with thanks.
Motorhome xxxxxxx Reg No. xxxxxxx as seen and as inspected on 12th Oct 2017.
Price agreed: £25600
Deposit paid £500
Additional deposit of £500 to be paid Monday 16 Oct
Balance on collection £24600
Motorhome will be kept up to a maximum of 4 weeks which falls on 11th November 2017.
Storage will be charged at £100 per week until collection.”
The word deposit plainly means an amount you pledge and put down to follow through with the contract.
On Friday 20 October I had a cash buyer with me and I spoke to you to ask you whether you would like to pull out and get your deposit refunded. You replied that you want the motorhome one million percent that’s why you have paid a £1000 deposit and you confirmed that you were definitely in a position to complete.
On Monday 30th October you informed me that you could not complete the sale as agreed and that there would be a further delay of 3 weeks in making the full payment and collecting the vehicle. I am afraid that this places you in breach of our agreed terms. As such I am entitled to forfeit any deposit paid, entitled to the agreed storage fees (that currently stand at £400) and also entitled to claim other losses incurred consequent to your failure to complete the sale. You are well aware that I cannot continue to store the vehicle beyond our agreed date of sale and because I am in needs of funds myself will need to sell to a willing buyer at best available price.
In the circumstances I will keep the vehicle for you until 11 November, as agreed but will no longer hold myself bound to the contract if you fail to pay the full amount and collect the vehicle by that date. If it is still available when you have realised your funds then of course we can proceed.
Re. forfeiture of the deposit and the accrued storage charges to date, I suggest you seek legal advice on the matter as I have done. If you still wish to pursue the matter then I would suggest the small claims procedure would provide a fair resolution. Without prejudice to any future legal claim, I am content to cover my losses with the deposit paid and not pursue you for storage charges and consequential losses. However should you wish to litigate the matter I will pursue these additional losses by way of counter claim.
Kind regards

IN BOLD ABOVE IS A BIG ISSUE!!

I'm sorry but you invited him previously to get out of it and youd refund him if he wanted to pull out because it suited you, now he wants out of his own volition it doesn't suit you so your not allowing him to have his deposit back. I'm no expert but I think your going to become unstuck on this if it goes to litigation.


This is why you always stick to a contract don't deviate or give out get out clauses and terms when something may suit your bank balance.


personally would hand the cash back and get back to re advertising.

Stoke

You could both end up spending more on fees if it goes to litigation, let's be honest.

Warwick_Hunt

atrixblue.-MFR-. wrote: »

IN BOLD ABOVE IS A BIG ISSUE!!

I'm sorry but you invited him previously to get out of it and youd refund him if he wanted to pull out because it suited you, now he wants out of his own volition it doesn't suit you so your not allowing him to have his deposit back. I'm no expert but I think your going to become unstuck on this if it goes to litigation.


This is why you always stick to a contract don't deviate or give out get out clauses and terms when something may suit your bank balance.


personally would hand the cash back and get back to re advertising.

Why is it an issue?

After all the vehicle was and is still available for him to purchase.

forgotmyname

Warwick_Hunt wrote: »

Why is it an issue?

After all the vehicle was and is still available for him to purchase.

Because he offered a full refund, so the OP will have issues if he tries to keep any of the deposit.

He will need to refund the entire amount, that is what he agreed to.

matureoak

Yes indeed I offered a refund because at that time I had a cash buyer in hand. Now this is not the case so I will have to re advertise it and go through the whole thing again.