Question about a deposit refund - private sale

[Skrilla]

What would you guys do:

I had a guy interested in one of my bikes (CBR), and all the extras that I had for it. We agreed on a price and I was going to bring it up to him in Red Deer from Medicine Hat. He gave me $100 as a good faith that he was purchasing it and I could take the ad down.

So a day before I was to leave I loaded up the bike and gathered all the extra fairings and bits and put it all on my trailer. Later that day the guy called and said he forgot to ask his wife and he has to back out of the deal as she said no. Frustrated I said fine and that was the end of it, had to off load the bike and my trailer and drive it back to my shop. Now he is saying I have to give him back the $100 as there was nothing signed about me retaining the deposit.

I know its a very small amount of money, and really I figure for the fuel back and forth to get my trailer and load everything up I was going to keep it. Obviously not trying to be a dick, but am I in the wrong?

[revelations]

For 100$, just forget about it. Send him 50$ if he still bothers you after weeks.

[jwslam]

Originally posted by Skrilla
Now he is saying I have to give him back the $100 as there was nothing signed about me retaining the deposit.
There's also nothing signed saying he's given you $100 in the first place, right?
Nor is there anything signed saying that you WOULD give it back?

He can't just ask you for money because he got his willy slapped:whipped: :whipped:

[90_Shelby]

Keep it.

[know1edge]

.

[HiTempguy1]

Bike has lots of interest and somebody else buys it immediately? I'd refund him.

Otherwise, tell him to pound sand.

[carson blocks]

I looked in to this when a guy flaked on a car I was selling. I would have been legally right to keep the deposit, but just gave it back as $100 (or whatever it was) just wasn't worth the trouble of some flaky loser bothering me over it.

IIRC, they were a flaky newfie couple who had to go to their bank for the money for a $3000, 10+ year old car (which they never mentioned, or I would have told them to fuck off from the start). The moron at their local credit union (he called me, a real dullard) was nervous and soured them on the deal. I figured if they were broke enough to need a bank for a $3k car and dumb enough not to comprehend something as simple as getting the money BEFORE agreeing to purchase a car, it just wasn't worth fighting with them. Life has to be awful hard when even buying a used car is a complicated affair, so I figured they needed the $100 worse than I did, and that I didn't need any more brain damage from these morons. I gave them the deposit back and got them out of my life, no regrets.

Nowadays, I don't bother with deposits. You want it? Great, bring cash and you can have it. Someone else brings cash first? Tough.

[Kloubek]

There is no obligation for you to give the money back, and he knows it. The whole purpose of the $100 was given for a reason... not for shits and giggles. Unless there was something specific mentioned about a refund policy, you have no moral or legal obligation.

I had deposits put down on two vehicles of mine where the sales fell through. In the first case, the guy didn't believe the car had been barely driven in 2 years and felt there must be odometer tampering. Fact is, I had the car parked for over a year after I acquired it, so I felt the odo was legit. I was going to give him some back, but after he threatened to take me to court and all that BS I told him to screw off.

In a second instance, I had a $500 deposit on my corvette. The guy actually bought it, but as soon as he brought it home his parents freaked out. So I agreed to take it back, but he lost his deposit. He was ok with that.

Bottom line: Do what you want to do, according to your own morals and kindness.

[sr20s14zenki]

I would have told them verbally as they gave me the deposit that it wasnt coming back if they flaked.

Simply put, you taking the ad down cost you POTENTIAL sales. That to me alone is worth the 100$

[Skrilla]

Thanks for the replies, glad to hear I am not the only one. If I had done nothing I would have no problem doing it. But in this instance, I feel it warranted. :drama:

[Sugarphreak]

...

[acedia]

I can't figure out people who expect deposits back. I deal with this at work all the time, too.

If deposits just automatically get refunded when you back out, what is the point of the deposit exactly? So you'll hold something for them unless they change their minds?

As soon as that ad comes down, his deposit is gone, IMO. This isn't even one of those "fuck him I'm keeping it" things. It's just how it's done.

I would never demand a deposit back because of something I did/chose/caused. Obviously if you backed out or weren't truthful in the bike condition or something, he'd get it back, but if he just changes his mind, tough shit.

Of course this also depends on how hostile this guy is about it, it's not like it's worth $100 to end up on the wrong end of endless revenge. Maybe sleeping well is worth $100 to you. :dunno:

[Mitsu3000gt]

Haha "forgot to ask his wife", that sounds like BS to me. The deposit is yours to keep, nothing will come of it, especially if he's not even in Calgary. What is the point of a deposit if it's refundable? Especially when it's specific purpose is to prevent you from selling it to anyone else. You don't leave a deposit in a private sale situation with the expectation of getting it back, it would defeat the entire purpose. Also he'd for sure be pissed if you sold it to someone else under his nose, but now that the shoe is on the other foot he wants his money back - seems a bit one sided. For $100 though doesn't really matter either way.

[Swank]

I agree that he forfeited the $100 when he canceled the deal.

[Disoblige]

Any further comments is just beating a dead horse at this point. You're right, the guy's wrong. Screw him. :thumbsup:

[dirtsniffer]

OP, I wouldn't respond to him. If he pesters you tell him no dice.

[pdm111]

Tell him you were going to refund it but your wife said no. Also there was nothing signed about you refunding the deposit

[lilmira]

Sorry short term memory, have we met?

[Skidro]

It's yours man

[Shlade]

Yep what everybody else said. Keep it.

Sorry you're such a bitch and need your wifes go ahead to buy something. Enjoy having $100 less in your pocket.

[Disoblige]

Originally posted by pdm111
Tell him you were going to refund it but your wife said no. Also there was nothing signed about you refunding the deposit
This is actually so awesome lol.
Turn it around with the "wife said no" comment and nothing signed about GIVING the deposit back.

Skrilla, do this if he keeps bugging you!

[sabad66]

Originally posted by HiTempguy1
Bike has lots of interest and somebody else buys it immediately? I'd refund him.

Otherwise, tell him to pound sand.
i think this is the very first time i actually agree with a post made by HiTemp

[topsecret]

Originally posted by HiTempguy1
Bike has lots of interest and somebody else buys it immediately? I'd refund him.

Otherwise, tell him to pound sand.


Is your time free? If I had gone through the effort of loading the bike, all the misc parts etc etc and then had to unload all of it, ya I'd be keeping the money, not my fault he didn't ask the bank for permission :dunno:


Keep the money, delete his number and re list the bike!

[Redlyne_mr2]

A deposit is someone giving you their word that they're moving forward on the deal. Hang on to the deposit and if and when the bike sells give the deposit back to him. People's word now a days is garbage, this will teach that guy to honor a hand shake.

[BandW]

A verbal contract is legally binding.

[spikerS]

Originally posted by BandW
A verbal contract is legally binding.

provided it can be verified. Both parties would have to acknowledge the verbal contract, or have evidence to confirm it's existence.

[Cos]

.

[Hallowed_point]

I would keep it just out of spite for all the time wasters on kijiji. And LOL on "Tell him you were going to refund it but your wife said no"

[Kloubek]

Originally posted by spikerS


provided it can be verified. Both parties would have to acknowledge the verbal contract, or have evidence to confirm it's existence.

True, otherwise it's word against word. However, the onus would be on the (non)buyer to prove he was entitled to his money back, as he would be the one questioning the legality of the OP keeping the money. And since that could never be proven, he's pretty much SOL.

[Minimalist]

Agree with Sugarphreak here. I'd add they guy really needs his $100 back, think of the shitshow he is going to face with the wife unit going forward IF you don't refund. Karma situation cut the guy a break and his wife can lie low for a bit of time. Who knows, you might very well sell the bike for a few hundred more now that the roads are clear of snow.

[D'z Nutz]

Originally posted by Minimalist
I'd add they guy really needs his $100 back, think of the shitshow he is going to face with the wife unit going forward IF you don't refund. Karma situation cut the guy a break and his wife can lie low for a bit of time.

1) You're assuming the line about his wife is true. Sounds like a cop out to me. How do you "forget" to tell your wife something like the purchase of a new bike?

2) Even if it were true, why should the seller be on the hook for someone else's family affairs?