Page 1 of 2 12 LastLast
Results 1 to 10 of 11

Thread: leaving the deposit and now demanding the goods

  1. #1
    Full Member
    Join Date
    Aug 2012
    Location
    KZN
    Posts
    36
    Thanks
    0
    Thanked 2 Times in 2 Posts

    leaving the deposit and now demanding the goods

    Hi all

    I was recently in the process of selling my car and found a family who wanted it at
    the stated price, they left a deposit and all was well.
    It was decided later that i now know longer wanted to sell the car and i could keep it
    in the family as it,s an old one.
    However, the family are insisting that as far as they are concerned the deposit was
    sufficient to secure the deal (whether i wanted to sell or not) and are now demanding it!!!

    Look forward to your response

    Regards
    Rozzer

  2. #2
    Diamond Member HR Solutions's Avatar
    Join Date
    Mar 2013
    Location
    Capetown/Jhb
    Posts
    3,330
    Thanks
    113
    Thanked 214 Times in 202 Posts
    Well a deposit does not only secure the car for the buyer, but also shows intent for you, therefore you are the one breaking the deal.
    Turn it around and ask yourself how would you feel if they wanted their money back and they pulled out of the deal ?
    HR Solutions - Recruitment Specialists - Johannesburg & Capetown Tel: 0861-045-263
    Upload your CV @ www.2hrs.co.za

    Biometric Fingerprint Criminal Checks (AFIS)

  3. #3
    Diamond Member adrianh's Avatar
    Join Date
    Mar 2010
    Location
    Cape Town
    Posts
    5,089
    Thanks
    336
    Thanked 808 Times in 642 Posts
    Quote Originally Posted by rozzer View Post
    Hi all

    I was recently in the process of selling my car and found a family who wanted it at
    the stated price, they left a deposit and all was well.
    It was decided later that i now know longer wanted to sell the car and i could keep it
    in the family as it,s an old one.
    However, the family are insisting that as far as they are concerned the deposit was
    sufficient to secure the deal (whether i wanted to sell or not) and are now demanding it!!!

    Look forward to your response

    Regards
    Rozzer
    I think that it is a bit rude to want to keep the car now. They did their part now you are backtracking on yours.
    How easily someone is offended is directly proportional to how stupid they are.
    ~GS Elevator

  4. #4
    Site Caretaker Dave A's Avatar
    Join Date
    May 2006
    Location
    Durban, South Africa
    Posts
    20,981
    Thanks
    3,056
    Thanked 2,463 Times in 2,068 Posts
    Blog Entries
    12
    It certainly sounds like a contract was formed. The issue is going to be about the specific terms of that contract...
    The trouble with opportunity is it normally comes dressed up as work.

  5. #5
    Diamond Member AndyD's Avatar
    Join Date
    Jan 2010
    Location
    Cape Town
    Posts
    4,404
    Thanks
    513
    Thanked 855 Times in 688 Posts
    To all intents and purposes it sounds like all the elements of a contract were essentially in place. I'm not saying you couldn't wriggle out of the sale on some technicality or maybe even small print but my view would be that morally the deal was done and if they came up with the remainder of the money they owed as agreed then the vehicle should be theirs.
    _______________________________________________
    I am special and so is Vanash.
    _______________________________________________

  6. #6
    Email problem Phil Cooper's Avatar
    Join Date
    Nov 2010
    Location
    Midrand
    Posts
    644
    Thanks
    0
    Thanked 170 Times in 118 Posts
    Law says Offer + Acceptance = Binding contract.

    You said you wanted Rx - they said YES please - you said deal. Binding contract.

    You pull out - you are in breach of contract.

    Verbal contracts are as binding as written - and I think there is enough proof, by paying / receiving deposit, to show intent was there.

  7. #7
    Full Member
    Join Date
    Aug 2012
    Location
    KZN
    Posts
    36
    Thanks
    0
    Thanked 2 Times in 2 Posts
    Thanks guys

    I knew i would get good and honest advice and i do agree it is no the nicest
    thing to do, but without going into a long winded explanation it,s difficult to explain
    and it would not change the outcome.

    Best Regards
    Rozzer

  8. #8
    Full Member
    Join Date
    Aug 2014
    Location
    Cape Town
    Posts
    69
    Thanks
    0
    Thanked 2 Times in 2 Posts
    Well I see it this way. If you order something from XYZ furniture store and pay a deposit, and they decide not to sell it...or damage it or whatever and cannot supply the product you paid the deposit towards...would you want your deposit back?

  9. #9
    Site Caretaker Dave A's Avatar
    Join Date
    May 2006
    Location
    Durban, South Africa
    Posts
    20,981
    Thanks
    3,056
    Thanked 2,463 Times in 2,068 Posts
    Blog Entries
    12
    Quote Originally Posted by Hannes Botha View Post
    Well I see it this way. If you order something from XYZ furniture store and pay a deposit, and they decide not to sell it...or damage it or whatever and cannot supply the product you paid the deposit towards...would you want your deposit back?
    Or would you insist that they fix it?
    Or replace it with something similar?

    There are other options.
    The trouble with opportunity is it normally comes dressed up as work.

  10. #10
    Silver Member
    Join Date
    May 2010
    Location
    durban
    Posts
    413
    Thanks
    121
    Thanked 61 Times in 52 Posts
    Quote Originally Posted by Hannes Botha View Post
    Well I see it this way. If you order something from XYZ furniture store and pay a deposit, and they decide not to sell it...or damage it or whatever and cannot supply the product you paid the deposit towards...would you want your deposit back?
    Wilfully damaging it would be wrong. If OP's intention is to renege on the deal, & if he's comfortable about it,so be it. However many here might choose not to

Page 1 of 2 12 LastLast

Similar Threads

  1. Replies: 5
    Last Post: 26-Apr-13, 11:54 AM
  2. [Question] VAT on deposit?
    By Newretailer in forum General Business Forum
    Replies: 4
    Last Post: 01-Nov-11, 06:48 AM
  3. Demanding con artists
    By Marq in forum Scam Alert Forum
    Replies: 10
    Last Post: 15-Sep-09, 08:15 PM

Did you like this article? Share it with your favourite social network.

Did you like this article? Share it with your favourite social network.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •