Deposit for camping trailer

[emilypmark]

I live in michigan and am selling my camping trailer. Someone came to look at it, called her husband several times during visit, took additional pics and sent them to him. She gave me a deposit of $500 for the trailer and was unsure when she would be able to come back and get it. She wanted to know if they could have their deposit back if husband found something wrong with it. I received an email the next day that she had talked with her husband and they decided it was too big and they wanted their deposit back. She has now taken me to small claims court for the deposit money claiming that I didn't give her husband time to come and see it before I sold it to someone else

 

[Antigone*]

I live in michigan and am selling my camping trailer. Someone came to look at it, called her husband several times during visit, took additional pics and sent them to him. She gave me a deposit of $500 for the trailer and was unsure when she would be able to come back and get it. She wanted to know if they could have their deposit back if husband found something wrong with it. I received an email the next day that she had talked with her husband and they decided it was too big and they wanted their deposit back. She has now taken me to small claims court for the deposit money claiming that I didn't give her husband time to come and see it before I sold it to someone else

Did you give her the money back? How quickly after she asked for the deposit back did you sell the trailer? Did you remove the ad or turn any other people away between the time you held the deposit and they decided they didn't want it?

 

[swalsh411]

The story doesn't make any sense. Either they didn't want it and asked for their deposit back, or they did want it and are upset you sold it to somebody else after they made a deposit.

 

[OHRoadwarrior]

As you have no written agreement outlining the understanding, you will likely lose, based on the theory of unjust enrichment.

 

[emilypmark]

Can you explain unjust enrichement??

 

[Antigone*]

Can you explain unjust enrichement??

You kept this person's money with no basis. In other words you screwed this person out of their hard earned money.

 

[emilypmark]

The story doesn't make any sense. Either they didn't want it and asked for their deposit back, or they did want it and are upset you sold it to somebody else after they made a deposit.

They didn't want it and asked for their money back. I had already put down the same deposit on our new trailer. I agreed that they could have their money back if her husband came and found something wrong with it. The next day she state in an email that thy didn't want it because it was too big. The length of the trailer didn't change overnight!!

 

[emilypmark]

You kept this person's money with no basis. In other words you screwed this person out of their hard earned money.

What is the point of a deposit then?? Doesn't a deposit work both ways. It secures to them that I won't sell it to anyone else and it secures for me that I sold it.

 

[Antigone*]

What is the point of a deposit then?? Doesn't a deposit work both ways. It secures to them that I won't sell it to anyone else and it secures for me that I sold it.

You didn't suffer a financial losss since you sold the trailer to someone else so quickly. Give them back their money.

 

[Zigner]

Furthermore, if it's too long, that is definitely "something wrong". Give the money back, as you agreed.

 

[Antigone*]

What is the point of a deposit then?? Doesn't a deposit work both ways. It secures to them that I won't sell it to anyone else and it secures for me that I sold it.

AND... you did immediately sell it to someone else.

 

[swalsh411]

If you had a written agreement that said the deposit was not refundable then maybe you would prevail in Court. Given the circumstances, you will almost surely lose. In addition, it is morally reprehensible of you to believe you are entitled to this deposit when you sold it to somebody else.

 

[latigo]

You kept this person's money with no basis. In other words you screwed this person out of their hard earned money.

[SUB](You forgot to take the needed salt tablets before swallowing roadkill’s "theory".)[/SUB]

So robbery, larceny, embezzlement, pilfering your neighbor’s water melons, fudging on your tax returns, card counting at Vegas, and cheating at golf would all fall under the equity doctrine of unjust enrichment? Right?

Does it only apply when the money is “hard earned”? How about hits on illegal gaming or crack houses?

Apparently the law professors at “Elbonia U” failed to mention to you and “roadkill” that the equitable doctrines of "quantum meruit” and “unjust enrichment” DO NOT APPLY WHEN THERE IS AN ADEQUATE REMEDY AT LAW!

And here there is a remedy under contract law.

An agreement was struck whereby the owner agreed to sell and the buyers agreed to purchase the camp trailer. The prospective buyers put down $500 towards the purchase price. The owner then sold it to a third party. The buyers have a remedy for breach of contract.

But suppose (hypothetically) this.

The husband gave the wife $500 cash to hold the camp trailer. The wife mistakenly gives the cash to the owner’s neighbor. The neighbor blows the $500 on crack or at the racetrack and refuses to return the money.

Now there is no contract between the buyers and the neighbor giving them an adequate remedy at law. So equity steps in with the theory of unjust enrichment, or as you put it the neighbor “screwed them out of their hard earned money”. Understand?

 

[OHRoadwarrior]

An agreement was struck whereby the owner agreed to sell and the buyers agreed to purchase the camp trailer. The prospective buyers put down $500 towards the purchase price. The owner then sold it to a third party. The buyers have a remedy for breach of contract.

Yep, they sue the seller. Exactly as I noted, the judge examines the lack of a contract outlining terms and determines it would unjustly enrich seller to keep the money, when they defaulted on sale. Thanks for agreeing in your disagreement Latigo.