leaving the deposit and now demanding the goods

[rozzer]

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

[HR Solutions]

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 ?

[adrianh]

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.

[Dave A]

It certainly sounds like a contract was formed. The issue is going to be about the specific terms of that contract...

[AndyD]

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.

[Phil Cooper]

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.

[rozzer]

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

[Hannes Botha]

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?

[Dave A]

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.

[flaker]

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

[rozzer]

Hi

To all that took the time to reply thank you.
I do agree with the general view that I am in the wrong and accept it.
the reason for reneging on the deal was simply that one of my family
members asked to keep the car in the family and he would like to take it
This would be a loss to me as far as finances are concerned but as it is
a very old and sought after model it prompted my decision.
I hope that this will suffice as an explanation and hope that this will not
happen again in the future.

Cheers all

Regards
Rozzer