Forum menu
Just wanted bit of info on buying items privately via a forum (not this one) paying a deposit and then requesting that deposit back.
I saw a motorcycle advertised on a forum. Contacted seller, agreed price and then paid a deposit via PayPal and was due to make arrangements to collect and pay balance. Out of the blue I ended up having to fork out a substantial amount of money for some home repairs which has wiped me out, contacted the seller to apologise and explain what had happened and asked whether he would be kind enough to return my deposit.
He has yet to reply after 3 days and I'm assuming he is either just ignoring me or taking advice on whether he does have to return my deposit. He seemed a very reasonable and pleasant chap and was expecting him to just return my deposit without issue (as I would).
Legally what is the position here? Just let it go?
he has to give it back, unless his sale specifies a non returnable deposit.
Small claims if he dont return it. Form ex301
What is the point of a deposit?
Cheers Steve. None returnable deposit never came into it. In fact it was only through my suggestion that a deposit was paid. I feel bad about wasting his time but he only had the deposit for 2 days before I contacted him to advise I couldn't complete the sale so doubt it's had any major detrimental affect on his sale.
What is the point of a deposit?
Contacted seller, agreed price and then paid a deposit
So, you've entered into a contract, now want to break that contract?
he only had the deposit for 2 days before I contacted him to advise I couldn't complete the sale so doubt it's had any major detrimental affect on his sale.
What if, in that 2 day period, he'd had further enquiries about the bike, & told prospective buyers that it was sold? (to you)
Where does that leave him?
If we could remove the condescending tones from the posts that would be great. Answering a question with another question or set of questions isn't particularly helpful. Just a 'legally he can keep the deposit' would have sufficed.
Apologies for coming across that way.
Was just giving you food for thought that's all.
EDIT: Although if the seller failed to say that the deposit was non-returnable, you have a good case for getting your money back.
legally he can keep the deposit
The whole point of a deposit is basically to take something off the market and reserve it.
You have now changed your mind (not exactly but that's the jist of it). So he now has to re-advertise negotiate etc etc all over again.
Nobody forced you to pay a deposit, you offered one (to take you seriously?). He should only have to refund you if he broke the agreement.
If he's a nice chap you may get your deposit back.
legally he can keep the deposit
I would have thought so too.
Give over.If we could remove the condescending tones from the posts that would be great.
You offered the deposit yourself, specifically to reserve the item...to take it off the market. The you post on here asking where you stand legally...how about morally, ya weasel!
I already know where I stand morally, hence I was specifically asking the question based on a legal position.
Condescending prig.
Prig?!
Why, you, you...git!
I felt it was a fair retaliation to 'weasel'.
Rusty Shackleford is the 'seller' AICMFP. 😉
Ah...I love 'weasel'! Use it all the time, usually directed at those closest to me. I'm not coming on to you, btw.
If I had taken a deposit but not had any post-sale enquiries I'd return it.
If I had I'd keep the amount to readvertise (say. 30 for autotrader whatever it is).
However the deposit would be mine to do whatever I want with/my choice. If it was say £500 it'd take a **** to keep so much.
OP drop the attitude or dont ask the question. Such questions come with answer(s) that you dont want to hear.
Rusty Shackleford is the 'seller' AICMFP.
OP drop the attitude or dont ask the question. Such questions come with answer(s) that you dont want to hear.
Is this like the time you asked whether Lance Armstrong doped?
Is this like the time you asked whether Lance Armstrong doped?
No.
its nothing like that.
'what deposit?'..perhaps he thought it was part payment.. which it was infact. if you then choose not to complete that payment .. he may come after your for the balance.. and wish to clarify when your going to pick up said item.. and or pay for its storage..
Is this like the time you asked whether Lance Armstrong doped?
It amuses me that this is almost a default response
Out of the blue I ended up having to fork out a substantial amount of money for some home repairs which has wiped me out, contacted the seller to apologise and explain what had happened and asked whether he would be kind enough to return my deposit.
It's tough ti**y I would say. A deposit is a deposit and a commitment to buy. It's not the sellers problem that you now have unexpected house repairs, and if I was the seller I'd be rightly pi**ed off that you were now trying to wriggle out of the deal. Sorry, but try to see it from the other side.
'what deposit?'..perhaps he thought it was part payment.. which it was infact. if you then choose not to complete that payment .. he may come after your for the balance.. and wish to clarify when your going to pick up said item.. and or pay for its storage..
No, that is utter bollocks.
Anyway, it's all academic now. He's just returned my deposit.
Whilst I'm in the he'll be doing you a favour if he gives it back school of thought (whilst hoping he does as it seems the right thing to do unless he has been royally inconvenienced) as a gut reaction I haven't a scooby where you stand legally so will watch this post with interest for future reference if I ever find myself either side of a deal like this.
Edit Good news. Still be interested to know the definitive answer.
*advice
R[Walter Mittyesque]Has he really? No reply for three days then start a topic 9hrs ago which doesnt go the way you planned so a miffed-finishing argument of 'I won'?....hmmm[/Walter Mittyesque]