Hoping someone is able to help me here.
I own a static mobile in France. Paperwork is very lax in that there really isn't very much. Owner of the campsite is English.
Back in August I sold the mobile and bought another one on the same site (bigger and better position). The agreement on the one i sold was that the buyer would pay £1000 deposit with the balance due by 22nd October. All was fine. The deposit was forwarded to me and I have it in the bank account.
Then the fun began. Come the 22nd October a never ending list of excuses started as to why the balance wasn't being paid. We've literally had he forgot, family funeral, funeral complications, bank issues, more bank issues, further bank issues, project complications, delayed project complications, bank issues again and finally a hospital admission which has left him completely unable to walk or get to a bank in any capacity to instruct transfer on funds.
Basically going on for 4 months of reasons why the balance cannot be paid. It remains unpaid now. All my dealings with the guy are through the campsite owner. The buyer apparently comes across as sorry he hasnt paid followed by very wordy emails promising the balance will get paid immediately (then comes the next excuse).
Anyway, I need to take some action as I will soon be liable for 2 lots of campsite fees if I don't sell it and in order to cover them I need to get summer bookings on the one I have "sold. So my question is.... if I pull out of the sale will I have to pay him his deposit back? He's messed me around for months and months and I'm so cross I'm left in this position that I feel I want to keep the deposit. If nothing else, just to cover some of the additional site fees!
There is no paper work setting out what happens in this event as the campsite owner has never had it happened before.
What are people's opinions? Will I have to pay him his deposit back if I pull out of the sale due to no payment on his side?