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Can I get a refund on my deposit!?

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Comments

  • mdada121
    mdada121 Posts: 5 Forumite
    First Post

    Only if they attempt to resell the kitten and are unable to do so and even then, only if the contract stated that the refund was non refundable should the purchaser change their mind.
    If they resell it for a lower price than agreed with the OP they can sue for the difference but what they can't do is to make up whatever terms and conditions relating to the sale that they wish. Only those T&C's agreed between the two parties are legally binding.
    Apparently she sold it for less then what I was going to purchase the kitten for. How do I know that’s true though? Thanks 
  • mdada121
    mdada121 Posts: 5 Forumite
    First Post
    pbartlett said:
    Yes the seller must mitigate their losses if they can - for example by trying to sell the cat elsewhere - but they are entitled to charge you for the costs of selling the cat elsewhere and the costs of looking after the cat between the time when you were supposed to pick it up and the time that somebody else actually collected it.

    you have entered a legally binding contract 
    She sold it like 3 days later. She says she sold it for less tho. I don’t believe her ! 
  • MattMattMattUK
    MattMattMattUK Posts: 12,660 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    The reality in this situation is that you need to chalk this one up to experience. 
  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Only a court can help you.

    You breached the contract, the seller has to mitigate the loss. The court would make the seller explain or prove how they mitigated the loss. 

    The seller would be responsible for any costs associated with the care of the kitten until the agreed completion date, after this time you would be liable for those costs.

    Any advertising would come out the deposit as would any drop in price as long as the really did try to sell for the same price, again only a court can make them explain how they mitigated the loss.
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    mdada121 said:
    What do you think a deposit is for? It’s to stop people pulling out willy nilly which is a massive pain as a seller. 
    Take it as a £150 lesson - think things through properly next time.
    I know what a deposit is for in this case. It was to secure the kitten. No where on the advert did it say it wasn’t non Refundable. Ah well. Thanks 
    And nowhere on the contract did it say you could break it and expect your deposit back.
    No free lunch, and no free laptop ;)
  • Keep_pedalling
    Keep_pedalling Posts: 22,696 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Consider your self lucky. Any reputable cat breeder would not be selling on gumtree, and you may have dodged some very big vet bills when you discover your bundle of pedigree fluff was not in the peak of health you thought it was.
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