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The Pub For General Automotive Related Talk |
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19-01-2017, 05:50 PM | #1 | ||
Regular Member
Join Date: Feb 2012
Posts: 65
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I am after everybody thoughts?
I advertised a classic ford for sale and after a few phone calls and sending extra detailed photos etc the purchaser offered a $500 deposit which I took. I also took the car around for somebody else to do a pre-purchase inspection on the buyers behalf which was all good and the buyer wanted the car. Anyway long story short the purchaser can't get the required funds to complete the purchase and I was wondering if I should refund his deposit or should I just keep it as payment for the extra running around etc I did for him. The purchaser offered the deposit which I took The purchaser said it would only take a couple of days to transfer the money to my account as he said he already had the money (which after many messages etc back and forth has extended to almost 5 weeks). I removed the car from being advertised at his request after receiving the deposit (and thus I will have to re-advertise and re-pay advertising fees etc) What is everybody thoughts, keep the deposit and call it a f##k around tax or give it back. He hasn't asked for it back yet. |
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19-01-2017, 06:12 PM | #2 | ||
FF.Com.Au Hardcore
Join Date: Dec 2014
Location: Brisbane
Posts: 565
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Guess you could ask how would you feel if in same case. You don't mention if is young fella or older.
I guess if they don't ask then is yours, if they do i would send them $400 keep a $100 for stuff around cost. |
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19-01-2017, 06:12 PM | #3 | ||
Donating Member
Join Date: Nov 2011
Location: Melbourne
Posts: 4,573
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I wouldn't keep all of it. Just an amount proportional to the extra time and effort you spent on going out of your way.
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19-01-2017, 06:14 PM | #4 | ||
Call me dirt... Joe Dirt
Join Date: May 2009
Location: Back in Perth for good
Posts: 5,302
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I was in the reverse position recently as a buyer.
The seller kindly refunded the deposit. I think what goes around comes around.
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19-01-2017, 06:28 PM | #6 | ||
FF.Com.Au Hardcore
Join Date: Nov 2011
Posts: 1,547
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What was the purpose of the deposit and what did you write on the receipt (did you do a receipt)?
Were you to hold the car / withdraw it from sale for a certain period of time or til a certain date? Was there any mention of what happens to deposit if old mate couldn't come up with the balance? Considered he was selling a similar classic Ford and wanted yours off the market? His now sold...can't get finance, can I have my deposit back? |
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19-01-2017, 06:31 PM | #7 | ||
FF.Com.Au Hardcore
Join Date: Apr 2013
Posts: 3,318
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19-01-2017, 06:50 PM | #9 | ||
RS The Faster Fords
Join Date: Feb 2014
Location: Westralia
Posts: 1,697
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Keep it for your time and hassle. Why would you look at or commit to buy a car when you don't have the funds. Sounds like a bit of a numpty...
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19-01-2017, 07:12 PM | #10 | ||
FF.Com.Au Hardcore
Join Date: Apr 2005
Location: Canberra
Posts: 13,465
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I reckon keep costs incurred and refund the difference if any. Are you allowed to do that without a written and signed contract of some sort anyway?
I wouldn't keep a deposit if it didn't actually cost me anything. |
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19-01-2017, 07:25 PM | #11 | ||
Regular Member
Join Date: Feb 2012
Posts: 65
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He didn't ask for a receipt or no mention of what would happen to the deposit as he was confident about going ahead with the purchase.
I do feel a bit sorry for him as he was super excited about the purchase however I did invest a considerable amount of time sending extra photos, getting the third party inspection done etc. I think I will consider it for a couple of days and maybe just give him his deposit back but he did take a fair bit of time to get back to me about not going ahead with the purchase. Anyway I have re-advertised it and awaiting the usual time waster phone calls and text messages from tyre kickers, I can understand why people use auction houses now to sell their classic/collectables. |
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19-01-2017, 07:32 PM | #12 | ||
FF.Com.Au Hardcore
Join Date: Nov 2007
Location: Riff
Posts: 12,421
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The deposit was paid so you would remove the car from sale.
If he has forfeited on paying the rest, or cant pay the rest, then i believe the deposit is all yours. What you choose to do with it is up to you.
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19-01-2017, 07:41 PM | #13 | |||
FF.Com.Au Hardcore
Join Date: Nov 2007
Location: Riff
Posts: 12,421
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Quote:
You might find being on a Ford Forum could be the place to advertise...
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19-01-2017, 07:43 PM | #14 | ||
HUGH JARSE
Join Date: May 2005
Location: Yap-Hoon
Posts: 22,092
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Some good opinions there.
I doubt if I will ever sell a car online - too many scammers. |
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19-01-2017, 07:53 PM | #15 | |||
Kicking back
Join Date: Dec 2013
Location: Western sydney
Posts: 8,753
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Quote:
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19-01-2017, 08:08 PM | #16 | ||
FF.Com.Au Hardcore
Join Date: Jul 2012
Posts: 3,878
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I guess legally you could keep all of the deposit but morally I think you should be able to do a bit of a deal with the "buyer". Maybe suggest keeping a couple of hundred bucks to cover your running around and maybe potentially a lost sale.
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19-01-2017, 08:14 PM | #17 | |||
Regular Member
Join Date: Dec 2015
Location: West of Melbourne
Posts: 488
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Quote:
So I was $5K out of pocket clearing the finance and had his $500 deposit in my pocket....did I refund it? What do you think? Luckily I sold it a week later to someone who had wanted one for years and his wife was buying it for him as a 60th birthday present.
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19-01-2017, 08:21 PM | #18 | ||
Join Date: Dec 2004
Posts: 9,292
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Whats the point of a deposit if you give it back?
How do you know you wouldnt have sold it if it was still advertised in the time frame he was stuffing around? its not your problem he didnt get his funds sorted before he committed to a purchase. |
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19-01-2017, 08:26 PM | #19 | |||
FF.Com.Au Hardcore
Join Date: Sep 2006
Posts: 749
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Quote:
And you boast you sold it next week as well. So what is your point. You profited from sale and took his money as well. and still having a whinge.
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19-01-2017, 08:32 PM | #21 | ||
Kicking back
Join Date: Dec 2013
Location: Western sydney
Posts: 8,753
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I also personally would be stuck in the moral dilemma, but that's just me always trying to be the nice guy. The purpose of a deposit still remains though. If you show interest and claim to come back with the money with no deposit and 10 minutes later someone rocks up with the cash in hand. Then it's now theirs. It's pretty black and white. The deposit was paid as a promise to buy the car. Turns out it was a cheque they couldn't cash. There isn't any risk of that happening if you know what you have or have spoken to the bank and know what you can borrow then shop to your budget. It's a life lesson to the person who couldn't afford it. Yes they might get a little burnt, but next time they will be smarter about it. Give it back to be nice then go about selling again, whats not to say they won't reuse the cash and have the same issue on the next car they find.
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19-01-2017, 08:32 PM | #22 | ||
FF.Com.Au Hardcore
Join Date: Sep 2006
Posts: 749
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When I sold my GT, everybody wanted it. I had many, many people come and look, I took them for a drive, me driving, them passenger. No deposits. bloke turned up one day with money. bloke drove away with car. No problems.
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Fords I own or have owned: XW UTE, XW FAIRMONT, XT GT, XT Fairmont, EF XR8, XH XR8 UTE, XH XR8 UTE, AU UTE, Renault Scenic, XF UTE, BA XR8 UTE, TERRITORY, Chrysler Voyager, WS FIESTA ZETEC,TERRITORY TITANIUM, BA UTE, Nissan Pathfinder, AU Falcon Forte, BA XR8 UTE. |
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19-01-2017, 08:48 PM | #23 | |||
Regular Member
Join Date: Dec 2015
Location: West of Melbourne
Posts: 488
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Quote:
I didn't profit of anything, I was just lucky.... Anyway, what's your problem, it wasn't you that backed out the day before you had organised to pick it up was it?
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19-01-2017, 09:06 PM | #24 | |||
FF.Com.Au Hardcore
Join Date: Jul 2010
Location: NSW
Posts: 4,344
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Quote:
Scammers aren't that bad, they are easy to spot so you just ignore them or tell them the cars has already sold. The worst people are people who ring you up and say "I'll be there at 4pm" and you never see or here from them again. |
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19-01-2017, 09:15 PM | #25 | |||
Performance Inc.
Join Date: Aug 2008
Location: In a cave
Posts: 2,554
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I would return the majority of the deposit less any costs to myself. There may be good reasons for the cash not to be available I wouldn't want to be responsible for putting anyone in financial hardship. I am sure most have committed to buying or doing something then before its finalised something unforeseen pops up.
Selling cars can be a pita with time wasters and low ballers.
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19-01-2017, 09:31 PM | #26 | ||
Kicking back
Join Date: Dec 2013
Location: Western sydney
Posts: 8,753
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Thats the power of being prepared with cash. Cash is king. I did get finance on my car (paid off early) but my old man was in the finance game and did the maths in the background and it was never going to be a problem. I spent more time bartering for a towbar without taking the cost out of my trade in then the finance. A sack with a dollar sign may have saved me half an hour to get finance approved, but I came through on the deposit and promise to buy the car. The dealer held up their end of the bargain and took it off carsales. Had a better car come up in the time I had with the deposit on, I would have gone out and got it and not been concerned about the deposit spent.
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19-01-2017, 09:43 PM | #27 | ||
Regular Member
Join Date: Feb 2005
Posts: 308
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Over the years I have been on both sides of this issue. Recently I paid a $500 deposit on a car I was buying for a young nephew. His pre-approved finance was withdrawn when they discovered the car (2006 Landcruiser 100 V8), had done 204,000km and their limit was 200,000km. Silly, as we all know that a 200,000km Landcruiser is still very healthy!!
So I had to pull out of the sale for a genuine reason, but the seller would not refund the deposit. In the end I wore the $500 as my nephew was thin on funds and couldn't really afford to cop the loss. It left a very bitter taste in my mouth, and I considered the lady seller to be a pig. I have also had another sale fall through and I got my deposit back, no questions. Very happy. As well, I have refunded deposits when others have pulled out of sales for whatever reason. That's just me - it reduces hassles and so has more value to me than arguing over $500. As for claiming that you should keep deposits for recompense for your "running around", that is just rubbish. This "running around" is all part of the game of buying and selling cars privately. If you don't like the running around, go to a dealer and get a "free" cup of coffee, a cheesy smile, a fake handshake, and pay $5K more for the same vehicle and get $5K less for your trade-in. No running around though - it suits some people, so you can choose which way to go. In other words - Yes, do the right thing and return the deposit. |
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19-01-2017, 09:48 PM | #28 | ||
RS The Faster Fords
Join Date: Feb 2014
Location: Westralia
Posts: 1,697
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That one ***** me too. I call them back when I get up for a leak at 3am "Duh are you still coming, cause I'm still of waiting"
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Escort RS2000 Restored factory a/c and alloys. TD Cortina Unrestored 35 000km 6cyl manual. Mk1 GT Cortina Project. FG XR50 Daily. |
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19-01-2017, 11:16 PM | #29 | ||
Regular Member
Join Date: Feb 2016
Posts: 269
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Quick google search and this link (yeah its tassie, was 1st one that popped up )
http://www.consumer.tas.gov.au/fair_...motor_vehicles Has a fairly good explanation of rights etc with deposits. Seeing as they have no signed receipt/contract then you're in the clear. It's re-advertised so if they're still keen etc they'd see this and be in touch. Keep the cash handy for a few weeks and if nothing eventuats then keep it. |
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