Do I have to return the deposit ?

[campervangal]

Hi, Please help !

We have advertised our campervan for sale at �6500. A chap phoned us up and asked what is the lowest price we would accept. We said �5700. He agreed to come and see it. He cancelled the first appointment at very short notice and we rescheduled for two days later. The advert said that it had hot and cold water. (when we tried the waterheater the night before he was due to come we could not get the hot water working) When he arrived we told him about the waterheater problem. He clearly knew of the problem because he offered us �5500 in view if this. We accepted this and he left a �300 cash deposit. He phoned us 20 hours later saying he no longer wanted to purchase it as it was not as described. He says he is entitled to a full deposit refund because he informed us within 24 hours ( he has offered to let us keep �50) Do we have to give him any of his deposit back ?

[tali122]

did the receipt for deposit say "sold as seen" ?- in general on the info you've given im sure that you do not have to give his deposit back -its a private sale - "buyer beware"

[campervangal]

Thankyou tali122, the deposit did not say "sold as seen". Do you know if the buyer actually has a 24hr 'cooling off' period ? He certainly gave the camper a good going over before he put in his offer. He was well aware of the waterheater problem.

[kempie]

The only obligation for a private seller is to ensure that they do not misrepresent the item being sold. Since the buyer reduced his offer because of the heater issue that is obviously not relevant in this case.

There is no such thing as an automatic "cooling off" period for private sales unless you specifically make it part of the contract of sale, either written or verbal. Likewise, refund of a deposit must also form part of the contract for it to be applicable.

Since the buyer has broken his side of the contract he forfeits the deposit.

That having been said, he could possibly sue for the return of part of the deposit if the total amount is deemed unreasonable, especially since you could still sell the camper van to another buyer for the agreed price (or more!).

Perhaps you could offer a partial refund as a goodwill gesture to stave off any legal action but if this fails I would prompt you to seek advice from the CAB and/or a legal professional.

[saintjohnny]

If I were in your shoes, I would give him half of his payment back for goodwill and keep the other half. It is possible that he takes legal action, but I cannot see him having any joy, as long as you stick to your guns.

[qapmoc]

This phone call he made cancelling the sale, legally this means nothing as it will be only his word against yours. if he has sent nothing in writing then as far as you are concerned the sale is still on until or unless he sends you a written notice of his intentions to cancel.

However you may have the same problem because if the sale description of the unit says that the heater is working and you have not stated anywhere in writing that the sale price is changed due to the faulty heater then he WILL have a valid claim against you.

I would have thought that as things appear to stand he has a valid claim against you, might be best to take the 50 pounds and look for another buyer.

[JimmyK]

I would go for you retaining some of his deposit, for readvertising costs: you held the sale for him for a number of days and he later withdrew.

[Catso]

I don't think you have any cause to return the deposit if you don't want to. That's what a deposit is for: it 'secures' the sale and/or is a downpayment. When you'd got that, I suppose you stopped marketing the van, and if anyone else had asked you'd have said it was sold? That's what he paid the deposit for.

By giving you the deposit and you taking it you both entered into a contract. IE he agreed to buy the van, after knowing of the problem. He now wants to break that contract. I don't think you'd have any problem in court, if it comes to that. But as someone else has said, go and get legal advice from the CAB - it's free.

The 24 hours is completely irrelevant.

[WoWo]

I agree with most others that you are not obliged to return the deposit, it is in fact the whole point of one, a sum of money used to retain an item.

However.... What have you actually lost in him not buying the van? Has it put you out financially or in other ways, if so keep the money if not I'd take the offer of �50.

Having said that given he is willing to lose �50 when he thinks he is in the right clearly demonstrates to me he knows he might lose it all.

[tali122]

the purchaser of the van is a timewasting idiot _�300 is a ridiculous deposit -if it was the other way around he would tell you to get lost, tell him you've lost potential sales due to you holding the vehicle for him