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Online Buyer Never Claimed Deposit

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FL305

Junior Member
Florida:

I was selling my vehicle online and a potential buyer mailed payment for the vehicle in the form of a cashiers check, but not before the vehicle had already been sold. I was in contact with the potential buyer and told him I would send the check back when they arrived. The check arrived a week later, I was busy and forgot to send the check back, after three weeks of no contact with the potential buyer I came to the conclusion that the check must be a fake. I never sent the check back. Now it is two months later, and I was going to discard the check, but before I did I decided to call the bank and see if I could verify if the check was real, and turns out it is a real cashiers check. It has been two months since I recieved the check, I have had absolutely no contact with the potential buyer who mailed the check, and I have none of his contact information or his return address, so I have no way of contacting him, yet he has had mine, ie. my phone number and address, yet he hasn't maid any attempt to contact me. It is a large sum of money. How long do I legally have to wait before I can call the money mine. Thanks for any advice.
 


Zigner

Senior Member, Non-Attorney
Florida:

I was selling my vehicle online and a potential buyer mailed payment for the vehicle in the form of a cashiers check, but not before the vehicle had already been sold. I was in contact with the potential buyer and told him I would send the check back when they arrived. The check arrived a week later, I was busy and forgot to send the check back, after three weeks of no contact with the potential buyer I came to the conclusion that the check must be a fake. I never sent the check back. Now it is two months later, and I was going to discard the check, but before I did I decided to call the bank and see if I could verify if the check was real, and turns out it is a real cashiers check. It has been two months since I recieved the check, I have had absolutely no contact with the potential buyer who mailed the check, and I have none of his contact information or his return address, so I have no way of contacting him, yet he has had mine, ie. my phone number and address, yet he hasn't maid any attempt to contact me. It is a large sum of money. How long do I legally have to wait before I can call the money mine. Thanks for any advice.

Have you sold the car to someone else? Have you tried?
 

FL305

Junior Member
yes t,he car was sold before this person sent the cashiers check. So the car is gone and I have this cashiers check, and it's been two months now.
 

Zigner

Senior Member, Non-Attorney
yes t,he car was sold before this person sent the cashiers check. So the car is gone and I have this cashiers check, and it's been two months now.
You have no right what-so-ever to keep the deposit. You should send it back to them. In fact, I'd make sure to write VOID on it and include a note apologizing for your actions...

(you can't accept a "deposit" for an item you don't have)
 

FL305

Junior Member
You have no right what-so-ever to keep the deposit. You should send it back to them. In fact, I'd make sure to write VOID on it and include a note apologizing for your actions...

(you can't accept a "deposit" for an item you don't have)

I'm not sure if you understand, this person sent payment for the vehicle, a cashiers check, I had already taken a deposit from someone else and said I would send his cashiers check back. I have lost contact with this person and all there information. And they have made no attempt to contact me. I have no where to send the cashiers check, plus if i write void on it this person is still out the money, he paid the money upfront, hence cashiers check, so this person has been out this money for two months now. The only way I could possible return him his money is to cash the check (since it is a a cashiers check made out to me) and return it to him, which I can't because I don't know where to return it. If someone leaves a deposit and never returns there has to be something about the deposit becoming the property of the person who posses it, it's just the same if someone walked up and said here is $500 cash, I'll bring you the rest of the money for the car next week, and then two months later still hasn't returned.
 
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Zigner

Senior Member, Non-Attorney
I'm not sure if you understand, this person sent payment for the vehicle, a cashiers check, I had already taken a deposit from someone else and said I would send his cashiers check back. I have lost contact with this person and all there information. And they have made no attempt to contact me. I have no where to send the cashiers check, plus if i write void on it this person is still out the money, he paid the money upfront, hence cashiers check, so this person has been out this money for two months now. The only way I could possible return him his money is to cash the check (since it is a a cashiers check made out to me) and return it to him, which I can't because I don't know where to return it. If someone leaves a deposit and never returns there has to be something about the deposit becoming the property of the person who posses it, it's just the same if someone walked up and said here is $500 cash, I'll bring you the rest of the money for the car next week, and then two months later still hasn't returned.
Maybe you don't understand the concept of theft and fraud.
If you feel you cannot return the check - then at least write void on it and put it in a safe place. It's not your money, don't cash the check.
 

acmb05

Senior Member
I'm not sure if you understand, this person sent payment for the vehicle, a cashiers check, I had already taken a deposit from someone else and said I would send his cashiers check back. I have lost contact with this person and all there information. And they have made no attempt to contact me. I have no where to send the cashiers check, plus if i write void on it this person is still out the money, he paid the money upfront, hence cashiers check, so this person has been out this money for two months now. The only way I could possible return him his money is to cash the check (since it is a a cashiers check made out to me) and return it to him, which I can't because I don't know where to return it. If someone leaves a deposit and never returns there has to be something about the deposit becoming the property of the person who posses it, it's just the same if someone walked up and said here is $500 cash, I'll bring you the rest of the money for the car next week, and then two months later still hasn't returned.
Send it back to the bank it came from, they will track down the owner fairly easily because he probably got it at his own bank.

If you told them you would send it back then why didn't you keep the envelope it came in with the return address?
 

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