[pmh383388]

I wanted to buy a 2nd hand motorcycle, so I put $600 as deposit in a shop. The shopkeeper promised me that I could take the motorcycle within 2 week because he needed to do some transferring jobs.

But, after 2 weeks, I went to the shop, he said the motorcycle was under blacklist because the previous didn't paid several summons. He needed more time to do.


After one month he called me saying that everything was ready I could take the motorcycle now. By then, I had shifted to another town. I did't need any motorcycle now.

I asked for refund. He refused, because he said he had spent a lo of money in settling blacklist matters.I said you could cut half of it as expenses, and refunded me$300.He still refused to pay me.

Is it fair ? How I am going to do ?

[ScottGem]

Do you have anything in writing? Was there anything about a delivery date? Did you agree to the delay?

The time to ask for the deposit back was when he missed the first deadline. You still could have told him when you were moving. At this point in time I think the law may consider you forfeited the deposit.

[s_cianci]

You could try taking him to small claims court and ask the judge to order him to refund you the $600. There seems to be some sway on both sides of the issue here. You weren't able to complete the original purchase because of blacklist issues. That rests on the seller, not on you, as he should have been responsible for resolving these issues before accepting any money as payment on the motorcycle. That weighs in your favor. However, after the blacklist issues were resolved and you could take possession of the motorcycle, you state that you moved to another town and no longer need a motorcycle. Remorse after the fact, in the absence of any compelling reasons (such as product defects, continued blacklist issues, etc. ) is generally not considered grounds for cancelling a sales contract and expecting a refund of monies already paid. So it could go either way.