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Car buyer backing out and asking for deposit back!

(100 Posts)
LemonyFresh Sat 07-Jan-17 18:13:57

A few days ago I sold a car for £250 (about half the price I could've sold it for easily) as I needed a quick sale as I'm picking up my new car on Monday. I needed it gone quickly as I only have one parking space for my house, so asked for a £50 deposit to ensure the woman was a serious buyer and would pick up the car at the weekend. She readily agreed to this, gave me the £50 straight away and said she would be round on Sunday to pick it up.

I was very clear that I needed the car gone quickly, hence the cheap price and need of deposit. I also told her I would cancel all other viewings (3 in total) and the car was hers.

This morning I received a message saying the car insurance would be too high for her so she didn't want the car anymore and she would be round today to get her deposit back! I messaged back saying sorry she didn't want it but I won't be returning the deposit as this is the reason I asked for it on the first place - to secure a sale and to ensure a serious buyer wanted it. I have no where to keep the car after Monday and I would have to relist and arrange more viewings, wasting my time and effort.

She has sent me back another shitty message saying it's not her fault and it's not like she's let me down hmm

AIBU in keeping this deposit and not feeling guilty about it? She should've checked the insurance before viewing the car or leaving the deposit with me. What's the point of the deposit if she does this anyway?

Magpiemagpie Sat 07-Jan-17 18:15:49

Keep it it's not your fault that she didn't check out the insurance before she paid you a deposit
And that's the whole point of a deposit you don't get it back if you change your mind

AppleMagic Sat 07-Jan-17 18:16:20

YANBU. She's an idiot.

chickenowner Sat 07-Jan-17 18:17:32

Definitely don't give her the deposit back.

She clearly doesn't understand what a deposit is!

Tiptoethr0ughthetulips Sat 07-Jan-17 18:18:25

I always get an insurance quote before buying a car, why would anyone agree a purchase if they have no idea if they can afford insurance. Don't return the deposit, she's an idiot.

harderandharder2breathe Sat 07-Jan-17 18:18:33

Yanbu, you cancelled other viewings for her, the whole point of the deposit was to try and avoid being messed around, she doesn't get to mess you around and get the deposit back

WheresLarry Sat 07-Jan-17 18:18:44

I'm no lawyer, so could be completely wrong but I would have thought you would need some kind of contract stipulating the rules around non-refundable deposits. If it's a private sale then you are essentially just keeping this strangers money no?

I think YABU and should return the deposit. Although I do understand your frustration if you need rid of the car quickly and cancelled other viewings.

TheNaze73 Sat 07-Jan-17 18:19:54

What a pillock. That's what a deposit is for. YANBU

pinkblink Sat 07-Jan-17 18:21:18

She is an idiot, but she also knows where you live, I'd be tempted to say you spent the deposit but you will give it back when the car has sold as it's now her fault you are stuck with it and have cancelled other viewers

CrazyDuchess Sat 07-Jan-17 18:22:03

Yes... was you very clear that the deposit was non refundable?

AllHailTheSunDog Sat 07-Jan-17 18:23:42

I think pinkblink has the best solution.

turbohamster Sat 07-Jan-17 18:24:42

I got more than that for my car when selling it to scrap. If I was feeling charitable I'd see how much I could get for it that way and return the deposit if it was equal to or greater than 250.

YANBU to keep the deposit

LemonyFresh Sat 07-Jan-17 18:30:06

She could easily sell the car for a lot more than £250, I'm probably doing her a favour. It was very clear I was taking a deposit so she was certain to buy the car - I was very clear in the fact that I needed it gone and that's why I needed the deposit and the cheap price.

Why would I ask for a deposit if she could just change her mind a few days later and demand it back? Surely that's the point of a deposit lol.

LucklessMonster Sat 07-Jan-17 18:34:54

I doubt it's legal for you to keep it.

You went about this the wrong way, considering it was so urgent. You should have made it clear the car was available to the first person to pay in full, not mess around with all this deposit nonsense.

I think YABU.

Hellmouth Sat 07-Jan-17 18:35:07

You should have specified if the deposit was refundable or non-refundable. Deposits can be either, don't be so precious about it.

JustanotherMortificado Sat 07-Jan-17 18:36:00

Keep the deposit
, it happened to us years ago for a shit cheap bargain then they turned around and said they didn't have the money! They never asked for it back though.

mirokarikovo Sat 07-Jan-17 18:38:37

Yanbu to keep the deposit. A deposit is to protect you the seller in just this kind of situation. You could have sold the car to someone serious if she hadn't mucked you around.

LemonyFresh Sat 07-Jan-17 18:39:23

Luckless what would've happened if she'd paid the whole £250 then decided she didn't want the car a few days later? Would it be the same situation?

haveacupoftea Sat 07-Jan-17 18:40:24

What the fuck does she think a deposit ia for hmm tell her to get lost.

Megatherium Sat 07-Jan-17 18:43:28

Clearly it is her fault, contrary to what she says, as she should have checked the insurance first.

Post on the Legal forum to check the legality of keeping the deposit, but I don't see why it wouldn't be legal. When you pay a deposit it's perfectly clear that it's security to make sure you will go ahead with the purchase. Plus she's in breach of contract and is liable to you for the expenses you will now incur in parking and readvertising etc.

BoomBoomsCousin Sat 07-Jan-17 18:43:49

Morally YANBU, but you might want to check where you stand legally (they don't always coincide).

BumWad Sat 07-Jan-17 18:45:26

Keep the deposit YANBU

Liiinoo Sat 07-Jan-17 18:46:29

I'd keep it.

PigletJohn Sat 07-Jan-17 18:49:05

If you are right about being able to sell it for double, do that and pay her out of the extra.

KnittedBlanketHoles Sat 07-Jan-17 18:51:23

Yanbu

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