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    Tracey02093's Avatar
    Tracey02093 Posts: 2, Reputation: 1
    New Member
     
    #1

    May 11, 2007, 06:42 AM
    Purchase cancelled by buyer
    I sold my boat last night. Great you say! Nope - today he called and said he found a better deal. I have already cancelled all the appointments that were set up for the weekend.

    Do I have to return his deposit?
    newaukumdon's Avatar
    newaukumdon Posts: 525, Reputation: 44
    Senior Member
     
    #2

    May 11, 2007, 07:25 AM
    Theoreticaly the deposit would be non refundable, what good is a deposit if they can continue shopping until a deal is found. Usually these things are discussed prior to accepting the deposit. Could be a negotiating tool, try one of your own.. . If he expects deposit back tell him you are very sorry but you spent the money and you promise to repay him as soon as the boat sells. This will be a hard position for him to get angry with and may force him back to the deal.

    Don
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #3

    May 11, 2007, 07:32 AM
    Normally no, that is what a deposit is for
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
     
    #4

    May 11, 2007, 08:03 AM
    The deposit is your's unless you guys signed something strange. Do not offer a refund or even suggest there could be one coming in the future. This makes his better deal less better by the cost of the deposit. I would guess he will take it after all.
    newaukumdon's Avatar
    newaukumdon Posts: 525, Reputation: 44
    Senior Member
     
    #5

    May 11, 2007, 08:30 AM
    I personaly would not give it back, although the position of the buyer may be different and who knows what a pissed off buyer is capable of.
    Tracey02093's Avatar
    Tracey02093 Posts: 2, Reputation: 1
    New Member
     
    #6

    May 11, 2007, 08:40 AM
    He told me to rip up the check. My guess is that he put a stop payment on it. That will teach me to take a deposit in check form. Lesson learned for me, I will only take cash deposit's from now on.

    I've had 4 more calls so I guess the word of the day is "Next"!

    Thank you for all of your help everyone.
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
     
    #7

    May 12, 2007, 07:59 AM
    If you wanted to push the point you could take him to small claims if he put a stop payment on the check. It may not be worth but but now you know to get cash next time.
    shygrneyzs's Avatar
    shygrneyzs Posts: 5,017, Reputation: 936
    Uber Member
     
    #8

    May 12, 2007, 11:47 AM
    Cash or a cashier's check and something in writing that states a non refundable deposit. Court TV programs are full of cases like this. Hope your boat floats in someone else's marina and the money is in your hands!

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