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

Herzlos

forgotmyname wrote: »

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.

The full refund was offered on the basis of there being a cash buyer present. I don't doubt this guy would get his deposit back if someone else was ready to buy it off him.

atrixblue.-MFR-.

matureoak wrote: »

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.

I think you going to struggle with this aspect at a court.


You gave a verbal contract to get out of this with his deposit intact because it suited you, You then put this in writing, So now his expectation and impression you gave to the buyer was that he could pull out with a intact deposit refund because you had offered this prior.


Think you should give the money back and move on.

angrycrow

From a contract law point I don't think the op has any issue from having made an alternative offer previously.

The first contract was entered into and confirmed in writing with a clear deadline and slightly less clear penalties. What that contract would allow the op to do is to retain the £400 storage charges, refund the balance of £600 and cancel the sale on the due date being reached if the purchaser failed to complete. He should have included clearer terms on what would happen to the balance of the deposit rather than leaving them implied.

When the op had the second buyer lined up he contacted the original buyer and offered to void the original contract with no penalty to either party. This was confirmed as a one time only offer. The purchaser declined to alter or void the original contract so it still stands.

If the original buyer fails to complete the sale on the due date op keeps £400 and refunds £600 whilst cancelling the sale or agrees new terms with the buyer.

matureoak

QUICK UPDATE.

I have not yet heard from the buyer after I sent him the last message. What I intend to do is return the deposit as soon as I sell the motorhome less agreed storage costs but should I deduct from his deposit if the vehicle sells for less?

kmb500

return his deposit, forget about him and move on. get this cash buyer or if not then re advertise. lesson learned. it's not the end of the world.

iolanthe07

As such I am entitled to forfeit any deposit paid,

The fact that in post 10 you admit to telling him that you were prepared to forfeit the deposit won't help your case, I'm afraid.

Jackmydad

kmb500 wrote: »

return his deposit, forget about him and move on. get this cash buyer or if not then re advertise. lesson learned. it's not the end of the world.

That's what I'd do. Life's too short.

powerful_Rogue

matureoak wrote: »

QUICK UPDATE.

I have not yet heard from the buyer after I sent him the last message. What I intend to do is return the deposit as soon as I sell the motorhome less agreed storage costs but should I deduct from his deposit if the vehicle sells for less?

Absolutely.

https://forums.moneysavingexpert.com/discussion/comment/42873192#Comment_42873192

You might find better suited answers to this by posting in the Consumer Rights section of the forum.

powerful_Rogue

kmb500 wrote: »

return his deposit, forget about him and move on. get this cash buyer or if not then re advertise. lesson learned. it's not the end of the world.

No offence, but judging by your previous threads and replies - you're the last person I would take advice from!

Rotor

I think the OP has a contract and the buyer has broken the terms of this and is liable for the costs that entails for the OP
That means the OP can keep the agreed storage monies, any costs of re-advertising the van and, after taking 'reasonable' steps to obtain the highest price they can, the difference between the two prices.

I'd inform the buyer that his exposure is not limited to his £1000 and if he demands the deposit back you will sue him in turn for all losses!