View Full Version : Do I need to return deposit on cancelled sale
classiccars
Dec 31, 2011, 08:01 PM
I sold a car to a neighbor-he gave a $100.00 deposit and was to pay the car in in full at the end of the week-at the end of the week I had to ask him for the balance and only gor $400.00-another week went by and only $500.00 more after 3 weeks I had to ask again for the remainder (in the meantime I lost other offers to purchase my vehicle) his reply was that he has to pay his f------ bills walked away and left me standing at his door I called to him and got his same response twice appearantly he did not really want the car--I have sold it to someone else cash paid on the line--thus do I have to give him back his full deposit or can I keep any of it seeing as he tied it up for 3 weeks and still never paid for it in full--thank you for your reply
Fr_Chuck
Dec 31, 2011, 08:24 PM
No, that is what the deposit is for, To pay you if they refuse to buy it latter.
Did you take the 400 or 500 on account or did you not take any money waiting to be paid in full. The deposit is only the 100 dollars, not any of the other money given.
AK lawyer
Jan 1, 2012, 07:45 AM
... The deposit is only the 100 dollars, not any of the other money given.
OP called the $100 a deposit, but I doubt whether it indeed is. I don't think any of it is a non-refundable deposit.
OP would be justified in keeping the interest he would have earned on the entire purchase price, from the time of the first sale to the time of the second sale. But especially with today's low prevailing interest, this is negligible. I wouldn't quibble about it.
tommynmisie
Jan 1, 2012, 12:38 PM
I agree w/ Fr_Chuck, the $100 is the only actual deposit and is non-refundable. If you had any of this in writing that he was to pay for the car in full by the end of the week and he did not, money that was given to you after that date would also be non-refundable. Also, if you failed to notify him of a final payment or you would sell to another buyer, you forfeited any monies given to you after the initial deposit. It all really boils down to what you have in writing and what can be proven if need be.