ronnie21
 Offline
Posts: 6154
The Mighty Hankerton
|
 |
« on: Tuesday, October 2, 2012, 09:09:23 » |
|
I have just changed my car, this was a private purchase off of my daughter. Obviously I needed to move on my old car and advertised it in Auto-Trader - that produced five lots of scam e-mails (beware anybody else selling like that). However, one local couple did come and view it and have a test drive, they liked what they saw and we agreed a purchase price and they left a deposit - agreeing to pay the rest of the money last Friday. They phoned to say they had the money but had an ongoing family problem and couldn't get here and would be here at 1 pm on Monday lunchtime. Nobody turned up, got a phone call to say it was a family illness this time and are now meant to be coming here on Thursday. My question is, if they do not pay the rest of the purchase price am I legally entitled to keep the deposit? I gave them a receipt (kept a copy for myself) for the deposit indicating the balance to be paid. Anybody had any experience of this and what was the outcome?
|
|
|
|
|
Logged
|
|
|
|
Batch
Not a Batch
Offline
Posts: 57758
|
|
« Reply #1 on: Tuesday, October 2, 2012, 09:29:05 » |
|
Oh man that sounds like a whole legal can of worms, don't think we have any contract lawyers aound the TEF do we? Personally I'd refund and move on, but that wasn't your question. Hold on, you've spent it already haven't you  Did you make it clear on the receipt this was non-refundable? |
|
|
|
« Last Edit: Tuesday, October 2, 2012, 09:31:12 by Batch »
|
Logged
|
|
|
|
dave_bambers_right_sock
Offline
Posts: 866
|
|
« Reply #2 on: Tuesday, October 2, 2012, 11:38:53 » |
|
As Batch says did you state on the receipt that the deposit was non refundable? Think it may be worth giving them a call and explaining that there have been other people interested in the car and you know they have family problems, (without sounding harsh) that it isn't really your problem you just want to sell the car. Give them a time frame when you'd like the full amount paid and if they don't come up with the remaining funds by the time stated. Not sure of the legalities of keeping the deposit, would a receipt and deposit form a sort of contract? Remember Google is your friend  and a quick Google search found these: http://www.whatcar.com/car-advice/selling/payment-paperwork-and-avoiding-scams/3488214/http://www.ehow.co.uk/how_7409382_back-cash-deposit-buying-car.html think this is an American one but you get the jist hope this helps |
|
|
|
« Last Edit: Tuesday, October 2, 2012, 11:41:20 by dave_bambers_right_sock »
|
Logged
|
|
|
|
Iffy's Onion Bhaji
petulant
Offline
Posts: 15863
|
|
« Reply #3 on: Tuesday, October 2, 2012, 11:40:10 » |
|
Surely the whole point of a deposit is to to ensure you get the car before someone else does. I'm not sure on the legal side of things but i'd have thought that you either wait for them to pay the rest or sell it to someone else and give them the money back and just say due to your own circumstances you couldn't afford to wait any longer. At the end of the day it's their loss not yours.
|
|
|
|
|
Logged
|
|
|
|
|
DMR
|
|
« Reply #4 on: Tuesday, October 2, 2012, 14:22:59 » |
|
Spunk the deposit and tell them to do one. Simples as the snappy meerkat says.
|
|
|
|
|
Logged
|
|
|
|
Chubbs
Offline
Posts: 10517
|
|
« Reply #5 on: Tuesday, October 2, 2012, 15:54:35 » |
|
deposits are non refundable surely, otherwise whats the point of putting one down.
|
|
|
|
|
Logged
|
|
|
|
Barry Scott
Offline
Posts: 9134
|
|
« Reply #6 on: Tuesday, October 2, 2012, 16:02:24 » |
|
Without sounding too much like someone who thinks we shouldn't all act like unreasonable banking types, why would you keep a deposit? Seems out of order to me, it's not like they've adversely affected your life. Sell the car, either to them within a set time frame, or to someone else, and give the deposit back to the people who wanted it. I don't see how screwing someone else brings anything other than bad karma, man. |
|
|
|
|
Logged
|
|
|
|
RedRag
Offline
Posts: 3501
|
|
« Reply #7 on: Tuesday, October 2, 2012, 17:15:34 » |
|
1 Give them a final day by which they must complete (7-14 days?) pointing out they have overrun the original agreed date
2 say you will then reluctantly have to re-advertize and if so deduct costs of sale and any loss and return deposit to them thereafter
|
|
|
|
|
Logged
|
|
|
|
walrus
Offline
Posts: 4228
|
|
« Reply #8 on: Wednesday, October 3, 2012, 12:52:04 » |
|
Demand full payment immediately, and refuse to give the car.
Sell the car to someone else, thus getting double the original selling price.
|
|
|
|
|
Logged
|
|
|
|
nevillew
Tripping the light puntastic
Offline
Posts: 4156
|
|
« Reply #9 on: Wednesday, October 3, 2012, 14:42:20 » |
|
Demand full payment immediately, and refuse to give the car.
Sell the car to someone else, thus getting double the original selling price.
Either that, or finally sell it to them and get you to deliver it? |
|
|
|
|
Logged
|
Paolo Di Canio, it's Paolo Di Canio
|
|
|
|
fatbasher
|
|
« Reply #10 on: Wednesday, October 3, 2012, 23:51:00 » |
|
As long as you still ave the log book you hold all the cards. I'd keep the deposit until either they pay in full or someone else buys the car. Then give them the deposit back. If and when you do give them there deposit back back make sure they sign an acknowledgement that they have it back.
|
|
|
|
|
Logged
|
|
|
|
|
