Pinnacle PAT Posted August 22, 2011 Share Posted August 22, 2011 Ive always been a bit of a mk1 golf gti fan and had a few in the past. Id decided it was time to buy another one so found one i liked on a golf enthusiasts forum. Id also seen it listed on ebay. I contacted the seller and agreed a price and agreed he'd keep it for me for a few weeks til i got together the £4k we'd decided on. I sent him a deposit of £500.00 then the next day found out id just lost a big contract so couldnt afford to buy it now so contacted the seller to ask if he'd be kind enough to refund my deposit. He's now being funny with me about returning it. Is he legally allowed to keep the deposit even tho he never withdrew it from sale? He told me he had "several people" coming to view it and if they wanted it he'd refund my deposit as he really wanted the money sooner than we agreed but if they didnt he wouldnt. Link to comment Share on other sites More sharing options...
Cyclone Posted August 22, 2011 Share Posted August 22, 2011 That's sort of the point of a deposit isn't it? You don't complete the sale, you lose the deposit. Link to comment Share on other sites More sharing options...
chem1st Posted August 22, 2011 Share Posted August 22, 2011 Lose . Link to comment Share on other sites More sharing options...
RootsBooster Posted August 22, 2011 Share Posted August 22, 2011 Have to agree with the above. He's not being funny about it, if anything, he's being good about it by offering to return your deposit if someone else buys it. Link to comment Share on other sites More sharing options...
Jim Hardie Posted August 22, 2011 Share Posted August 22, 2011 If the vendor hadn't agreed to take it off the market and was prepared to sell it to the first person that came up with the 4k, then what was the point of paying a deposit? Link to comment Share on other sites More sharing options...
Pinnacle PAT Posted August 22, 2011 Author Share Posted August 22, 2011 If the vendor hadn't agreed to take it off the market and was prepared to sell it to the first person that came up with the 4k, then what was the point of paying a deposit? Exactly. He did agree to take it off but never did. He took my deposit and waited for a bettter offer Link to comment Share on other sites More sharing options...
Cyclone Posted August 22, 2011 Share Posted August 22, 2011 If he'd sold it you'd have grounds for complaint, but the fact that it was left on ebay or whatever and that you've then pulled out of the sale doesn't IMO leave with much of a complaint in a legal sense. Link to comment Share on other sites More sharing options...
Leah-Lacie Posted August 22, 2011 Share Posted August 22, 2011 Did you send deposit via Paypal? He is quite entitled to keep it (I think) as it was a deposit, but I'm pretty sure you could, if you wanted to, open an 'item not received' Paypal dispute... This happened to my mate the other week, he was selling his car, and it sold to the high bidder, £200 deposit sent via Paypal and then the guy was supposed to pick the car up. He never showed up. My friend was pretty pleased, at being £200 up for nothing. Then he got the Paypal dispute, and obviously couldn't prove delivery. Link to comment Share on other sites More sharing options...
Pinnacle PAT Posted August 22, 2011 Author Share Posted August 22, 2011 After i initially pulled out of the sale i then contacted him to say that id still take it, it was then he said i could have the deposit back if someone else bought it. So in effect he took my deposit and waited to see if his ebay listing fetched more money than our deal. Surley thats not right? Link to comment Share on other sites More sharing options...
Leah-Lacie Posted August 22, 2011 Share Posted August 22, 2011 So you had pulled out, and then said you would still take it, you had pulled out, so he kept it up for sale... Fine I'd say...but then again no, as he agreed to sell it to you and should have removed it straight away, unless he relisted it after you pulled out? The thing is, if he leaves it up for sale and it sells for less than your agreed price, he is obligated to sell it to the winner, whether its more or less than your deal. Link to comment Share on other sites More sharing options...
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