buyer backed out, now wants deposit back

[Barrelrnr]

What is the name of your state? Florida
My sister advertised a horse on an online site. had a gentleman from Mass. contact her about the horse. after numberous phone calls, he insisted on sending a deposit on the horse, followed by the balance within a week. she agreed. he sent $500 deposit, then next phone call said that the balance was in the mail and even told her what day the shipper woud be there to pick up the horse. when that day came and went and she didnt receive the balance or word from the shipper, she tried calling the buyer. left several messages over the next 2 weeks stating that the deposit was non- refundable and that he needed to call her back and let her know what was going on. meantime, she missed out on several sale opportunities. after a month with no word from the guy, she sold the horse to another buyer. now, 2 months later, he is calling asking for his deposit back. there was never anything in writing between them. I told her that I dont think she should have to return the deposit since she told him it was non-refundable and he is the one that backed out of the sale- but I am not a lawyer! Is she required to return it? does he have a case against her? (he said his brother was a lawyer in fla and he would sue).

 

[racer72]

there was never anything in writing between them.

This is why the potential buyer would win a case in court. The "non refundable deposit" demand made after the deposit was received is not a valid contractual claim. She can withhold reasonable expenses relating to the non transaction though, things such as costs relating to new classified listings, feeding and care of the horse while the horse was taken off the market, etc. It would not hurt to have an attorney draft a letter spelling out the specific expenditures.

 

[Barrelrnr]

what would he have to do to take her to court? he lives in Mass, she lives in Fla. can his brother (lawyer) represent him without him coming down here?

 

[Ohiogal]

what would he have to do to take her to court? he lives in Mass, she lives in Fla. can his brother (lawyer) represent him without him coming down here?

his brother in Fla who is a lawyer can represent him without him coming to Florida. That is very possible so long as bro is licensed to practice in Fla. Sis cannot change the terms of the deal AFTER receiving the money however so the deposit doesn't suddenly become nonrefundable. HOw much did she sell the horse for?

 

[Zigner]

Any respectable attorney would NOT go to court over $500
They're blowing smoke.
However, sis is still obligated to return the money...

 

[Barrelrnr]

horse was listed for $4500; he talked her into $3500 after several calls over a period of 2 weeks. sent $500 deposit with the promise that the balance would be within 5 days. After not receiving the balance, she called him and asked what was going on. He again stated that the balance was in the mail and that he had arranged for a shipper to pick the horse up that week. she didnt hear from buyer or shipper. Pickup/pay date came and went. tried calling him several times leaving messages each time over the next week. finally got him on the phone about 2 weeks later and he said he couldnt go thru with the sale. the whole thing from him saying he wanted the horse until default was just over 30 days. she turned down several potential buyers, cancelled the ad and spread the word that the horse was sold. took about another month, and the horse was then sold to a buyer for $3000. His wife called about a month later (after getting the bank statement I'm sure) and asked for deposit back