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Should I give him his deposit back ..

  • 16-10-2005 1:17pm
    #1
    Closed Accounts Posts: 41


    I just sold a guy a car.

    He said he wouldn't have the cash until next weekend.

    I told him to hold the car I would require a small deposit ( €100 ) which was non-refundable.

    He called me later that day to say he couldn't take the car after all :rolleyes: and would I send him his deposit back...

    The duration was approximately 5 hours and no other buyers approached me during that time.


«1

Comments

  • Registered Users, Registered Users 2 Posts: 6,659 ✭✭✭PowerHouseDan


    Thats up to you i guess?


  • Registered Users, Registered Users 2 Posts: 1,785 ✭✭✭Farls


    A deposit is a deposit, non refundable just like you had told him. His own tough luck. Personally I wouldn't refund it but if you have one of those conscience (sp?) things then you might want to give it back, otherwise don't. :)


  • Closed Accounts Posts: 17,208 ✭✭✭✭aidan_walsh


    What reason would you have to keep it? 5 hours of inconvenience? Pff... Of course send it back.


  • Registered Users, Registered Users 2 Posts: 6,659 ✭✭✭PowerHouseDan


    As you said it was non-refundable. If he wasnt sure he shouldnt of put down the deposit.


  • Closed Accounts Posts: 41 2003yaris


    What reason would you have to keep it? 5 hours of inconvenience? Pff... Of course send it back.

    I had to drive an hour an a half to show him the car ( he also did ) my wasted time and petrol.

    I was also a little peeved that he essentially broke his word!


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  • Closed Accounts Posts: 88,972 ✭✭✭✭mike65


    Why did you even think to say the deposit was non-refundable?

    Be nice and give the man his money back, are you that tight?!

    Mike.

    edit - just read the above post! Now you don't sem so tight, though 100 euro seems a bit steep.


  • Registered Users, Registered Users 2 Posts: 6,659 ✭✭✭PowerHouseDan


    Well you just answered your own question......
    2003yaris wrote:
    I had to drive an hour an a half to show him the car ( he also did ) my wasted time and petrol.

    I was also a little peeved that he essentially broke his word!


  • Registered Users, Registered Users 2 Posts: 1,906 ✭✭✭deckie27


    Go down and have a pint for yourself with his deposit
    The reason for the deposit is that he wants you to hold the car.
    If he doesn't want the car.
    Though


  • Closed Accounts Posts: 41 2003yaris


    mike65 wrote:
    Why did you even think to say the deposit was non-refundable?

    Be nice and give the man his money back, are you that tight?!

    Mike.

    edit - just read the above post! Now you don't sem so tight, though 100 euro seems a bit steep.


    The money is to reinforce a verbal agreement (which by the way is binding), by breaking his word ( and the agreement) there is a price to pay - the deposit.

    eBay incorporated this idea into their selling system by introducing negative feedback .. to try and combat dishonesty.

    If I had told another buyer the car was sold and therefore lost a potential sale I would have no problem keeping his deposit.

    Its because the time was so small and no buyer approached me that I'm wavering.....


  • Registered Users, Registered Users 2 Posts: 6,659 ✭✭✭PowerHouseDan


    I would prob keep it, but why not give him back 50and keep 50 for yourself?


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  • Registered Users, Registered Users 2 Posts: 2,326 ✭✭✭ciarsd


    call him up and ask for another €100 for wasting your time...
    :D

    seriously though, I'd send it back, you didnt miss out on a sale, you didnt advertise it as sold, only a couple hours passed - fair enough you went out of your way to meet the buyer at your (and his) expense, but thats the joys of buying and selling cars


  • Closed Accounts Posts: 16,793 ✭✭✭✭Hagar


    Did you actually turn anyone else away based on his commitment?
    If you did it would be fair to keep the deposit

    If not and you have to re-advertise following his decision you should use the money for the ad and send him a copy of the bill for the new ad and his change. I think that would be fair.

    Otherwise keep the cost of the petrol and send him back the rest of his money.
    He is only a Joe Soap just like you.


  • Registered Users, Registered Users 2 Posts: 15,540 ✭✭✭✭Supercell


    Depends on your sense of right or wrong, if you turned away other potential buyers on the strength of it..then keep, if not then imho its morally wrong not to refund.

    Have a weather station?, why not join the Ireland Weather Network - http://irelandweather.eu/



  • Registered Users, Registered Users 2 Posts: 1,866 ✭✭✭v10


    Surely the whole concept of a deposit is a gaurantee of your commitment.

    He broke is gaurantee and as a result should lose the deposit.

    At very least he should lose half of it ...

    ;)


  • Registered Users, Registered Users 2 Posts: 17,441 ✭✭✭✭jesus_thats_gre


    Does he know where you live? If not, feck him..


  • Registered Users, Registered Users 2 Posts: 7,423 ✭✭✭fletch


    Personally I'd deduct the petrol money from the deposit and give him the remainder


  • Registered Users, Registered Users 2 Posts: 2,647 ✭✭✭impr0v


    Keep it as a breach of contact penalty. If he starts getting antsy, tell him you want him to perform the contract to which he agreed, i.e. go ahead with the sale.


  • Registered Users, Registered Users 2 Posts: 51,360 ✭✭✭✭bazz26


    Personally I would give him back €50, the other €50 for my time and petrol spent.

    At the end of the day you said yourself that it was only 5 hours after he put the deposit that he rang you back to say that he couldn't take the car. If you didn't turn away another buyer or have to advertise the car again then you have only lost an hour and a half plus some petrol.

    This is just what I would do.


  • Closed Accounts Posts: 14,483 ✭✭✭✭daveirl


    This post has been deleted.


  • Closed Accounts Posts: 9,230 ✭✭✭OLDYELLAR


    If he wants his deposit back , make him come an get it , why should you go out of yer way to post it back to him ?

    He doesnt know where ya live , so if he does agree to come collect it , deduct the petrol costs of the day ya went to show him it an give him the remainder , an if he doesnt wanna come collect then wouhou ya just made 100 quid for doing nothing.


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  • Closed Accounts Posts: 176 ✭✭Shane Smith


    ffs give the fella his money back
    just because you can keep it, doesn't mean you should

    miserable git...


  • Registered Users, Registered Users 2 Posts: 66,118 ✭✭✭✭unkel
    Chauffe, Marcel, chauffe!


    I don't understand why so many people here are suggesting you should go halves or give him a full refund?

    Buyer and seller agreed on a non-refundable deposit. Buyer didn't go ahead so his deposit should not be refunded

    I was in the same situation once where seller and buyer (me) verbally agreed on a deal. It was a good deal for me and I had yet to sell my own car privately. We agreed the car was mine if I paid a non-refundable deposit of £250 and came up with the remainder within a calender month

    There was never any doubt in my mind that should I not buy the car within the agreed period for the agreed price, my deposit would not be refunded and rightfully so!

    Non-refundable deposit is just a very meagre insurance for a seller against time-waisters. If I hate anyone, I hate a time-waister :mad:


  • Registered Users, Registered Users 2 Posts: 4,787 ✭✭✭prospect


    Well it is entirely up to you. Personally I would refund it.

    As for petrol. You could have driven to meet him, and he might not have been interested in your car. So you would have been out of pocket for petrol anyway.

    At least he was decent enough to let you know as soon as he could.

    But, it is still your decision, as he agreed non-refundable and therefore has no comeback.


  • Registered Users, Registered Users 2 Posts: 5,451 ✭✭✭blastman


    In all honesty, I wouldn't expect my deposit back if I was the buyer in that scenario. If you're going to give him the deposit back, why did you bother making him give you a deposit in the first place? That's what they're for.


  • Closed Accounts Posts: 41 2003yaris


    Ok Ok I sent him back €50

    sheesh :o


  • Closed Accounts Posts: 16,793 ✭✭✭✭Hagar


    Well done.
    Oh, by the way my fee for advice is €50.

    I'll PM you with the address to send the cheque ;)


  • Closed Accounts Posts: 1,200 ✭✭✭louie


    fletch wrote:
    Personally I'd deduct the petrol money from the deposit and give him the remainder


    if you feel guilty about it then I think that's the best option.

    Myself, i'll keep it. A verbal contract is still a contract.
    What would have happened if you had callers, but you had to say that is sold?
    If you can not keep a promise then don't make one.


  • Closed Accounts Posts: 8,613 ✭✭✭Big Nelly


    Keep it!! f**k him!!!! I wouldnt give it back and have known people who have kept alot of a deposit from people 500 euro or so!! if somone leaves a deposit then it is a deposit!! end of story!! if you have a change of mind then....you take it the deposit is gone! simple as that!! the best bit was the cheek to ask for the deposit back! I would have just told him straight out on phone.....do you know what a deposit is??? ....then straight out say sorry you wasted my time and money so I will keep it.....Good Luck getting a car and hang up!! you are just causing yourself problems by not telling him straight out he wasnt getting it back!! now he thinks he has pulled a fast one and when you dont send will be ringing to find out where it is

    Also to all the people going on about giving it back.....bulls**t....if it was you and you had wasted an hour or so you wouldnt give it back.....grow up....its a cruel world out there....not everyone is in the fields smelling roses!!:eek: if it was you buying and you gave deposit and then had to back out whats the bet the person you where buying off would just go!! Hard luck!!! :D


  • Registered Users, Registered Users 2 Posts: 4,033 ✭✭✭Silvera


    2003yaris wrote:
    Ok Ok I sent him back €50

    sheesh :o

    You did the right thing.

    IMO 'What goes around comes around' .........you'll be glad you did someday.


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  • Registered Users, Registered Users 2 Posts: 15,540 ✭✭✭✭Supercell


    Silvera wrote:
    You did the right thing.

    IMO 'What goes around comes around' .........you'll be glad you did someday.

    Yep, fair play, good to know there are some decent skins left on boards ;)

    Have a weather station?, why not join the Ireland Weather Network - http://irelandweather.eu/



  • Registered Users, Registered Users 2 Posts: 166,026 ✭✭✭✭LegacyUser


    2003yaris wrote:
    Ok Ok I sent him back €50

    sheesh :o
    Kinda stingy!! He should should have had his mind made up alright ..
    I would have refunded the lot. You lost out on nothing! So why are you penalizing him for 50 quid. Stingy git!


  • Registered Users, Registered Users 2 Posts: 396 ✭✭pedro ferio-vti


    Stfu retard. Do you wipe your arse with fivers or something?


  • Closed Accounts Posts: 1,237 ✭✭✭AMurphy


    fletch wrote:
    Personally I'd deduct the petrol money from the deposit and give him the remainder

    I'd go with this option, if you spent time, traveling, screwing about and wasting time and petrol. I'd keep a few shilling to compensate. Send him $80.

    Garages ask for a nonrefundable deposit for quoting work, you do not complete with them, what's different here?


  • Registered Users, Registered Users 2 Posts: 4,107 ✭✭✭John R


    bubby wrote:
    Kinda stingy!! He should should have had his mind made up alright ..
    I would have refunded the lot. You lost out on nothing! So why are you penalizing him for 50 quid. Stingy git!

    What a pile of crap.

    By paying a deposit you are essentially getting a favour from the seller. You are giving a token amount of cash to hold the car while you come up with the agreed price. In return you are committing to buy the car. A refundable deposit is the same as no deposit at all. It is the same as telling the seller that you have no money, aren't really sure you want it but could he hold off on selling it to anybody else while you make up your mind and scrape together the money.

    The guy was obviously an idiot, he gave a deposit on something he obviously was not sure he wanted/had the money to buy.

    How will people ever learn not to be idiots if they are let away with the consequences of their idiocy?


  • Registered Users, Registered Users 2 Posts: 166,026 ✭✭✭✭LegacyUser


    Stfu retard. Do you wipe your arse with fivers or something?

    pedro ferio-vti, two words. Grow Up!!!

    In general, if the OP lost out on money .. missed another sale .. called off other viewings etc .. then I would say keep the deposit.

    Becuase of the fact that it was only 5 hours later, he lost out on nothing .. it is stingy to keep the deposit. Don't prattle on about contracts etc, or whether it was refundable or non-refundable!! This is more about being a fair, decent and understanding individual.
    You should have done the decent thing and refunded the money.
    As someone said about "What goes around, comes around".

    You cold meet him in a job interview (Oh theres that stingy git who kept 50 euros out of my deposit that time.)

    Its not a nice thing to do, you lost nothing!!! Life would be pretty ****ty indeed if everyone went around with that sort of attitude!! Where is your compassion!


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  • Registered Users, Registered Users 2 Posts: 20,099 ✭✭✭✭WhiteWashMan


    Stfu retard. Do you wipe your arse with fivers or something?

    banned for personal abuse


  • Registered Users, Registered Users 2 Posts: 20,099 ✭✭✭✭WhiteWashMan


    or at least, will be banned when the banning function is working again :)


  • Registered Users, Registered Users 2 Posts: 4,266 ✭✭✭MercMad


    As mentioned a deposit should ALWAYS be non-refundable, otherwise it is pointless. If the seller made this known then there is no question that it should be returned !

    Did the potential buyer ASK for it back ? If so thats cheeky !

    It is up to the seller, and if it was a dealer then the question of returning a deposit as a gesture of goodwill in order to secure future potential sales is the issue. This wouldn't be the case with a private buyer !

    Also, bear in mind that the seller wasted time and money to show his car, whilst the buyer obviously went elsewhere to look at another candidate which he probably bought !

    Personally I would always ask for a larger deposit, but I guess that depends on the asking price and also how desperate you are to get a potential buyer out to actually see the car in the first place.

    However I think you did the right thing by offering half back, as mentioned "what comes around goes around" and you never have any luck with ill money !


  • Closed Accounts Posts: 8,613 ✭✭✭Big Nelly


    bubby wrote:
    pedro ferio-vti, two words. Grow Up!!!

    In general, if the OP lost out on money .. missed another sale .. called off other viewings etc .. then I would say keep the deposit.

    Becuase of the fact that it was only 5 hours later, he lost out on nothing .. it is stingy to keep the deposit. Don't prattle on about contracts etc, or whether it was refundable or non-refundable!! This is more about being a fair, decent and understanding individual.
    You should have done the decent thing and refunded the money.
    As someone said about "What goes around, comes around".

    You cold meet him in a job interview (Oh theres that stingy git who kept 50 euros out of my deposit that time.)

    Its not a nice thing to do, you lost nothing!!! Life would be pretty ****ty indeed if everyone went around with that sort of attitude!! Where is your compassion!

    Really man as mentioned above you should grow up!! a contract is a contract!! if everyone went around breaking them and doing as they pleased then where the World be?????(dont mention footballer here)....if you make a contract with someone then you have to stand by it....not just pull out because you feel like it!! again if it was me then I would have taken the full 100......


  • Closed Accounts Posts: 686 ✭✭✭The Troll


    Keep it. A deposit is a deposit.


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  • Registered Users, Registered Users 2 Posts: 166,026 ✭✭✭✭LegacyUser


    Big Nelly wrote:
    Really man
    Actually .. I'm female ..!!

    Yes, a contract is a contract .. in this situation you can be a stinge-bag or you you can be decent about it.

    If a loss was made, I would NOT return the money. A loss was not made ..

    Nelly .. take your trunk and shove it!! :) Ye big elephant!! :)
    Its amazing how wound up people get on this forum. :o


  • Closed Accounts Posts: 8,613 ✭✭✭Big Nelly


    bubby wrote:
    Actually .. I'm female ..!!

    Yes, a contract is a contract .. in this situation you can be a stinge-bag or you you can be decent about it.

    If a loss was made, I would NOT return the money. A loss was not made ..

    Nelly .. take your trunk and shove it!! :) Ye big elephant!! :)
    Its amazing how wound up people get on this forum. :o

    Well man:D take a chill pill!!! nobody getting wound up here!! thats the problem with boards you cant see the face of the person typing!!! anyway I still wouldnt give it back!! you never answer my question about people should be allowed to break contracts when they feel they want to!!! do you think people should be???

    Anyway Nelly packs his bag and ........lallalalalala


  • Closed Accounts Posts: 2,585 ✭✭✭HelterSkelter


    fletch wrote:
    Personally I'd deduct the petrol money from the deposit and give him the remainder
    I second that


  • Registered Users, Registered Users 2 Posts: 166,026 ✭✭✭✭LegacyUser


    Big Nelly wrote:
    you never answer my question about people should be allowed to break contracts when they feel they want to!!! do you think people should be???

    No, people shouldn't be able to break contracts whenever they feel like it.
    However, this was not weeks later, this was hours later.
    My reasoning for handing the money back is moral .. becuase no loss was incurred, therefore I can return the money back. If a loss had been made, or a few days had gone by, I would have said straight away.. "Sorry buddy, no." .. but 5 hours. ..

    In general, you have no idea why the guy changed his mind. The OP hasn't given a reason. Maybe a death in the family, maybe his heating broke?!! Who knows.

    No loss made .. refund the money.

    BTW - no, I won't take a chill pill .. I don't do drugs.
    Off he went with a trumpady trump .. trump trump trump.

    BAAAAAAAAAAAAAAAAARRRRRRRRRRRRRRRPPPPPPPPPPPPPP!!


  • Registered Users, Registered Users 2 Posts: 396 ✭✭pedro ferio-vti


    banned for personal abuse

    If you're going to ban me, I want bubby banned as well. She personally abused the OP by calling him a stingy git. She (in hindsight you'd know it was a woman) was way out of line to call him stingy when he was well within his rights to keep the entire deposit.

    Fair point about Karma and all and I probably should have elaborated on my point a bit but if you abuse others prepare to have it done unto yourself (see Karma above) :)


  • Registered Users, Registered Users 2 Posts: 2,876 ✭✭✭Borzoi


    If you're going to ban me, I want bubby banned as well. She personally abused the OP by calling him a stingy git. She (in hindsight you'd know it was a woman) was way out of line to call him stingy when he was well within his rights to keep the entire deposit.

    Keep digging there sunshine.


  • Registered Users, Registered Users 2 Posts: 396 ✭✭pedro ferio-vti


    I take it that's the frustration at not being able to silence or ban people coming out?


  • Registered Users, Registered Users 2 Posts: 166,026 ✭✭✭✭LegacyUser


    She (in hindsight you'd know it was a woman) was way out of line to call him stingy when he was well within his rights to keep the entire deposit.


    Oiiiii .. watch it. I wasn't the first person to use the phrase "stingy git" on this thread. Your post was completely offensive mate, as is the one you did above.
    Stfu retard. Do you wipe your arse with fivers or something?

    There is no need for that type of filth!!!

    May I ask, what age are you??? Relax, and stop making such an unholy fuss!!


  • Registered Users, Registered Users 2 Posts: 19,608 ✭✭✭✭sceptre


    I take it that's the frustration at not being able to silence or ban people coming out?
    I can site-ban you if you like (site-banning still works and I'm currently viewing it as a temporary local-ban substitute). Even though I'm not a mod here I can still see that you should either take it to PM (both of you, bubby too) or file it away for a help desk ticket when that comes backyou made your point above.


  • Closed Accounts Posts: 41 2003yaris


    bubby wrote:
    Kinda stingy!! He should should have had his mind made up alright ..
    I would have refunded the lot. You lost out on nothing! So why are you penalizing him for 50 quid. Stingy git!

    what part of "broke his word" and "I had to drive for an hour and a half" do you not understand ?

    call me stingy if you like. I like to think that he'll think twice before he does that again.


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