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Should I return the deposit??

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ricardobs84

Junior Member
What is the name of your state (only U.S. law)? NY

I sold a car online about 2 weeks ago. The buyer sent $500 deposit via paypal within hours. I was not home that week, but offer to get someone to hand over the car to him. However that person would not be able to show him how everything worked since it's a biodiesel car. So he said he wanted me to be there to show him everything and expressed no hurry in getting the car. I told him I won't be available until this weekend.. he then said that I was taking too long and that he no loner wantd the car.
That's fine with me, but n the listing I clearly stated(even with bold letters) that the deposit is not refundable. I haven't told him that yet, but I was wondering if this would hold in court or with ebay/paypal.
 


TheGeekess

Keeper of the Kraken
What is the name of your state (only U.S. law)? NY

I sold a car online about 2 weeks ago. The buyer sent $500 deposit via paypal within hours. I was not home that week, but offer to get someone to hand over the car to him. However that person would not be able to show him how everything worked since it's a biodiesel car. So he said he wanted me to be there to show him everything and expressed no hurry in getting the car. I told him I won't be available until this weekend.. he then said that I was taking too long and that he no loner wantd the car.
That's fine with me, but n the listing I clearly stated(even with bold letters) that the deposit is not refundable. I haven't told him that yet, but I was wondering if this would hold in court or with ebay/paypal.
It's not going to cost you anything to return his deposit. I'd return it, then block him as a bidder in any more auctions.
 

ricardobs84

Junior Member
I guess my question is.. Am I legally required to return his deposit?? I did tell him that it was non-refundable, but I don't if that's enough from the legal point of view.
 

JustAPal00

Senior Member
What is the name of your state (only U.S. law)? NY

I sold a car online about 2 weeks ago. The buyer sent $500 deposit via paypal within hours. I was not home that week, but offer to get someone to hand over the car to him. However that person would not be able to show him how everything worked since it's a biodiesel car. So he said he wanted me to be there to show him everything and expressed no hurry in getting the car. I told him I won't be available until this weekend.. he then said that I was taking too long and that he no loner wantd the car.
That's fine with me, but n the listing I clearly stated(even with bold letters) that the deposit is not refundable. I haven't told him that yet, but I was wondering if this would hold in court or with ebay/paypal.
You weren't available to complete the sale when the auction closed. It's now been two weeks and you want him yo wait a third? Yes I think a judge would tell you to return the deposit. Show some integrity and return the money.
 

justalayman

Senior Member
You weren't available to complete the sale when the auction closed. It's now been two weeks and you want him yo wait a third? Yes I think a judge would tell you to return the deposit. Show some integrity and return the money.
So he said he wanted me to be there to show him everything and expressed no hurry in getting the car. I told him I won't be available until this weekend.. he then said that I was taking too long and that he no loner wantd the car.
.

the buyer delayed the sale, not the seller. Unless the seller included an education along with the sale of the vehicle, the seller had no duty to do anything other than turn the vehicle over to the buyer, which he offered to do. The buyer refused to take possession of the vehicle.

I disagree with justapal on this one. The contract was made and the only reason it was not completed was the buyers reluctance to take the car without the schooling. Keep the deposit.
 

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