where do you stand on deposit returning?
A guy has bought something from me paid a deposit then promised remaining in a few days.....forward 2weeks later with no communication and he now can't/won't pay the rest due to "blah blah blah", now all of a sudden he can find the time to mail me almost everyday since asking for the money back (i've spent it.)
so does he get it back or not. deposit was £100.
my thoughts are..re-advertise then reimburse once sold, minus a small fee for mucking me around.
fair?
I'd agree - sell the item again, if you get the same price then return deposit minus any additional costs you incurred readvertising.
Surely the point of a deposit is that if he then doesn't go on to buy it you've every right to tell him to clear off?
I agree with Pook.
there is a difference between a deposit and a non-refundable deposit. what was said at the time.
Yup, agree - the purpose of a deposit is to stop you selling it elsewhere.
You could have sold goods elsewhere by now. Keep the deposit
my thoughts are..re-advertise then reimburse once sold, minus a small fee for mucking me around.fair?
seems fair to me, keeping the whole £100 is a bit steep really
Pook - MemberSurely the point of a deposit is that if he then doesn't go on to buy it you've every right to tell him to clear off?
Agree
If he had not messed you about and had a real reason for backing out, then maybe, but no communication for two weeks & then wants his money back , no chance, teach the twunt a lesson!
yes, my friends are saying that a deposit is a deposit, and he should either come up with the remainder of the funds or forfeit the deposit.
Nothing stated about non refundable deposit at time of sale.
I think I'll do what i thought was fair at the time and re-imburse part of the deposit...couldn't quite sleep at night taking the full £100 even though im seething at yet another failed sale due to stupid kids promising then not buying...what is it with all these riding forums and people messing buyers around..!! 😈
cheers all.
No dilema at all. Put yourself in his position, imagine him in your position, then do what you'd like him to do if the tables were turned.
Why don't you hang onto the deposit until you sell it again. Then return it to him minus costs for re-advertising, difference in new price etc. Or just keep it all.
imagine him in your position, then do what you'd like him to do if the tables were turned.
Then imagine what you would think the other person would do if asked for their deposit back...
i have to hang on to the deposit as ive spent it!!
@MF if it was me and my luck I'd never get it back!!
I'd agree with reimbursing the deposit once you'd re-sold the item.
If I'd sold it through a free forum or classifieds site, I'd refund the whole amount once the item had re-sold.
If it was through ebay or similar I'd deduct my costs.
No dilema at all.
What on earth is the point of a deposit if you simply return it when the buyer decides they're no longer interested?!
Anyone that's said they'll return it...
'YOU'RE FIRED! Get out of my board room!'
Refund once goods have been sold, minus any other costs involved seems fair.
Need to agree with him what to do. As you have his deposit he can give you the remainder at anytime and expect the goods so if you sell it elsewhere you have a problem. So the best solution is to agree that he has to wait until you've found another buyer at which point you give him back, say, the deposit less any difference in the price you get form what he agreed less hassle amount - which you have to try to agree.
Mounty_73 - MemberRefund once goods have been sold, minus any other costs involved seems fair.
Yea the cost come to £100 😉
Rubbish mudshark - he's said he doesn't want it. He's forfeited his deposit. It really is that simple.
Well he might change his mind if he thinks he's not going to get his deposit back - kinda depends on how much he owes I suppose. Need a time limit but that should have been formally agreed at the beginning - not that most of us think about these eventualities.
mudshark - MemberWell he might change his mind if he thinks he's not going to get his deposit back - kinda depends on how much he owes I suppose. Need a time limit but that should have been formally agreed at the beginning - not that most of us think about these eventualities.
Stuff that, just say your not having your deposit back, end of.
Mudshark?? Really? Don't be daft! He's e-mailed saying he doesn't want it! One enraged e-mail about waste of time blah balh, well at least I have your deposit as compensation blah blah. End of story.
One second I'm just going to contact BMW to ask for the deposit back that I put down when I ordered my new car.
Whilst I'm at it I'll ask for my deposit for my holiday back.
Just to be clear about this I've made the assumption that the OP is selling a personal item worth a few hundred quid or so and is not in business. If this is a £5k car then keep the deposit for sure. But you know, some of us like to be helpful and not take advantage of the less able so that's why I've made my suggestion.
Mudshark to turn things on their head...
Is the buyer not trying to take advantage here?
Moral of the story:
Never sell things to kids on the southern downhill forum.
I agree with the ops position. It's better to treat people decently, even if they've acted wrongly.
RichPenny - MemberI agree with the ops position. It's better to treat people decently, even if they've acted wrongly.
Sorry, if they mess you about for two weeks & then expect you to be nice, they have got no chance!
Keep the money, send hime a pic of you doing the Harry Enfield loadsamoney 😉
It's not a moral dilemma; it's a quesiton of law.
the law sees a deposit and part payment as distinct. Usually (because the law is not definitive on this), the former is not refundable whereas the latter is.
I would always argue that I had made an advanced part payment, and that I was entitled to receive it back. but, I can see the argument that the buyer has withdrawn his consideration, and that the payment was therefore a non-refundable deposit.
The non-hassle version is to tell him he's wasted your time, and you now need to sell to someone else. Once you've sold, you'll reimburse his deposit less your reasonable costs of the wasted sale and any reduction in the overall consideraiton received on the subsequent sale.
I'm sorry, I'm utterly baffled here...
If you'd return it, please tell me what you think the point of the deposit is?
Having cake & eating it springs to mind !
The deposit's yours. I see no dilema. The deposit's raison d'etre is to secure the sale. He's defaulted on the deal.
As for giving it back after you find another buyer ? I'm having more difficulty with that than simply giving him the deposit back in the first place.
£0.02
D.
Is the buyer not trying to take advantage here?
Well I don't know - has his situation change so he now can't buy or has he just changed his mind? The amount I'd want to keep would depend on how much of a PITA he's been.
It is (nearly) Christmas 😉
FCOL doesn't any common decency come into the equation?
Get down from your high horses people.
If you'd return it, please tell me what you think the point of the deposit is?
Two separate things. The deposit is, arguably, non-refundable. but the law is not clear cut on this, and the OP could, for e.g., seek specific performace for payment in full in order to conclude the sale.
Rather than getting mired in legal discussions (esp given the level of bar-room lawyering going on up there ^^^), I'd adopt a pragmatic aspproach. But I wouldn't do it to spite the ex-buyer, rather that I'd do it in a way that worksbest for me. So, I'd sell again, and refund in due course, leaving everyone in a neutral, not out-of-pocket position.
he told me its snowed a lot and he has lost his job....mmmmm not sure that's true but hey ho,
Sorry C_G my common decency says if I've paid a deposit for something then decide I can't afford it / don't want it / make up some other story about why I can't buy it, then I wouldn't have the cheek to ask for the deposit back.
The guy has obviously made a mistake ... we all make them sometimes don't we?
I make no apology for treating folk in the manner to which I would like to be treated myself.
Personally I could not sleep at night knowing I have 'stolen' another person's money.
Am refusing to step down from my moral high ground so there. 🙂
Deposit is to encourage a buyer to go through with the sale. Doesn't automatically mean you have to keep it though. As the op recognises, its fair to deduct costs if he can secure another sale.
Come on, your not being nice enough.
I'd keep the deposit but give hime the bike to use for aslong as he liked.
When he returns it to you, give him his deposit back. Everyones happy! (except the people who dont live in airy fairy land)
ah its just such a pita dealing with messers all the time..yes mate i'll take it etc etc and then backing out 3rd sale on this item that has fallen through despite being assured it was 'sold'.
I will reimburse him part of the deposit, how much depends on his behaviour from now on!...
end of thread 😆
ah its just such a pita dealing with messers all the time..yes mate i'll take it etc etc and then backing out 3rd sale on this item that has fallen through despite being assured it was 'sold'.
Where did you advertise? Why did you not use Ebay?
I'm with Southern Yeti on this one! Surely that is the POINT of a deposit! I know decency in this day an age comes into it and would go along with the sell to someone else, once sold send him deposit back minus some of his costs/inconvenience. I think that's more than decent. Otherwise as already mentioned I'll as for the deposit back for X or Y then.
I have a new dilema.... I was trying to stay off the internet for the day. This thread has wasted my hour of stupidness I was allowing myself... do you think it's okay to have another hour of actual idiocy later?
TSY - what does your conscience tell you? 😉
What was the item?
If it was a car I'd take two weeks worth of Autotrader readvertising (40quid?) and readvertise.
I'd write him an email saying as such and why. Pointing out that you could have sold the car and moved on.
I its a bike. Give him his money back and chalk it upto experience.
C_G - I have a weak mind. It tells me to [refresh]... [refresh]... [refresh]... STW is more addictive than nicotine. Anyway I absolved all responsibility for myself on here by appointing your my mentor.
I've jsut refunded someone a deposit they didn't actually pay me 🙂
TSY - as I said to you on Sunday, you are doing brilliantly! We all have our vices but do wish that STW was my only one. 🙄
Drat! You just edited!
haha, thanks Auntie, was good to finally meet you on Sunday.
Have to say though that Yeti's aren't used to riding in such large groups! Damn I've gone over my hour.
maybe offer the half the deposit back in exchange for a night with his wife?
Charge him another £100, that'll learn im. Then sleep with his wife.
That's not really a moral dilemma but more a contractual discrepancy. How have you earned this £100? Is it not just a dibs fund?
You know you should give it back, you just want your ego opinion aired so strangers can call this chap a muppet.
Here you go: "he's a muppet"
If you have spent any money base on the assumption of sale (courier arrangement to him, specially requested parts etc) then ask for that back, but I can't see the justification in pinching his money (or wife).