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AIBU?

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Original poster

Car buyer backing out and asking for deposit back!

99 replies

LemonyFresh · 07/01/2017 18:13

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?

OP posts:
PaulDacresConscience · 07/01/2017 18:55

I would message her back:

I was very clear that I was taking a deposit because you had committed to buying the car, and your deposit secured it for you - i.e. that I wouldn't accept an offer from anyone else and to ensure you were a serious buyer and not a time-waster. I have turned away 3 other potential buyers since you paid your deposit, so the fact that you have now changed your mind about buying it is up to you because the deposit you have paid is non-refundable. The fact that you chose to commit to buying the car without pricing up the insurance is not my fault.

ChickenLicken22 · 07/01/2017 18:55

I think you had a verbal contract. Offer, acceptance and £50 consideration. Contracts do not always have to be in writing. I think she could take you to court (she wouldn't for £50) and the judge would then decide who was entitled to the £ on the balance of probabilities.

I think you are entitled to keep it although I would be concerned about a brick through my window.

GabsAlot · 07/01/2017 18:56

if you dont have a contract you havent got much to stand on

read about a smiliar case they took it to court got their money back-u didnt make it clear she wouldnt get it back what oes the receipt say

Original poster
LemonyFresh · 07/01/2017 18:56

She's now replied saying she will buy the car as she 'refuses to lose £50' and she will be round tomorrow.

I feel really uncomfortable as she's clearly not happy!

I wonder if it's worth the hassle HmmI'm 9 months pregnant I can't be bothered with the aggro.

OP posts:
GabsAlot · 07/01/2017 18:58

can someone else deal with her op?

Original poster
LemonyFresh · 07/01/2017 18:59

I think I will message her saying I'll give her back the deposit. I don't want this to escalate and to get worried and stressed for the sake of £50. Hopefully I'll sell it in the next day!

OP posts:
HecateAntaia · 07/01/2017 19:00

This reply has been deleted

Message withdrawn at poster's request.

EweAreHere · 07/01/2017 19:01

Yes, have a large friend with you tomorrow so there are no problems. I suspect she won't be alone either.

DontTouchTheMoustache · 07/01/2017 19:03

If she has said she will buy it then I'd just let her. Do you have a partner who can take.the lead if it's making you anxious? If she doesn't buy it and you have nowhere to keep it do you need to pay somewhere to store it? Or pay any costs to readvertise? If so I'd return deposit minus costs of storage and advertising as it is covering what she had cost you by not continuing with the sale.

EweAreHere · 07/01/2017 19:03

I do wonder what she thinks the point of a deposit is in such a case... she had a lot of nerve asking for it back when the mistakes were on her side entirely.

TeenAndTween · 07/01/2017 19:04

I think the deposit is yours to keep.

Have you plugged it into 'webuyanycar.com' to see how much you would get for it from there?

PaulDacresConscience · 07/01/2017 19:04

If she wants to buy it then let her. As a PP has said I would have a strong friend or relative with you though. Make sure you get cash; do not accept PayPal.

Pre-print up your receipt tonight and get logbook ready to go. If you've prepped then the whole thing should only take 5 mins.

MsJudgemental · 07/01/2017 19:05

She's an idiot. Get someone else to deal with her. Or, as someone else said, she can have her deposit back when you sell. Good luck. Next time, do like me and just sell it to the person who brings you the cash in full.

Original poster
LemonyFresh · 07/01/2017 19:08

I've began to feel anxious in case she causes problems so I've messaged her saying if she doesn't want it I'll give her back the deposit.

I'm getting a bad feeling that she will cause trouble from the tone of her messages so I'd rather just leave it, especially being heavily pregnant.

I am feeling very annoyed and stubborn though! I still think I'm in the right.

OP posts:
mathanxiety · 07/01/2017 19:09

Maybe meet somewhere public like a local library to do the transaction.

JessieMcJessie · 07/01/2017 19:09

Don't be daft, if she's willing to give you 200 quid more and take it away tomorrow just let her.

Christmassnake · 07/01/2017 19:10

Silly cow,that's the whole point of a diposit..do not give it back

DontTouchTheMoustache · 07/01/2017 19:11

Op you are of course in the right, the entire point of a deposit is that it is part payment on the basis the rest will be paid in due course and not be sold to anyone else by the seller. If it was returnable then there would be no benefit to the seller. You entered into a verbal contract and she has breached it but ultimately I would probably do the same as you and back down simply because I suffer from anxiety.

BobbiTheCynicalPanda · 07/01/2017 19:12

I suspect she wanted the car from the start. She was hoping that you'd reduce the price of it when she whined about her 'shock' at the price of insuring it.

GabsAlot · 07/01/2017 19:13

its not the point unless its stated not refundable-yes its to hold the good but not necesarily to not be returned

Original poster
LemonyFresh · 07/01/2017 19:14

She originally said she would buy it without even viewing! I insisted though as I didn't want any problems (lol)

OP posts:
Januaryblues28 · 07/01/2017 19:16

Had she looked at the car at all?

When I bought a car from a mini dealer, I paid a deposit to secure it subject to viewing. I actually found a better model for the same price so they refunded the money.

From her POV, if she hadn't seen the car first, what if she turned up and it wasn't what she thought?

Sorry but legally I'm not sure where you stand here and would check before you just keep the money.

Gallavich · 07/01/2017 19:16

I can't believe you just told her she can have the deposit back! Fgs.

reuset · 07/01/2017 19:17

I think you are entitled to keep it although I would be concerned about a brick through my window.

This

PidgeyfinderGeneral · 07/01/2017 19:19

Oh for god's sake. You should have just told her that her deposit was non-refundable and not to contact you again, then blocked her number.

I don't know why some people have to make these things so complicated and angsty.

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