Deposit Return

[valleydweller1]

Bad Karma there. Just remember it is a round world. That kind of get even mentality is why there are so many rich lawyers out there. What if your lawyer ends up sending you a bill for the phone call? You gonna argue that one? Then again with the attitude you are displaying you probably have them on retainer.

Hondo

I fully expect her to charge me for the phone call. If she doesn't I'll send her money anyway. It's the right thing to do. I had a need, she provided me with the service and should be compensated. No retainer here, just a good business attorney.

Greg

 

[daTeacha]

Well, you should have been more specific in setting the terms of the deposit, but that's water under the bridge. I would have told the guy about the missed sale due to his deposit, and then asked him what he thought might be fair since deposits are usually taken to be non-refundable in situations like this one. Then, presuming he might have said to keep $25 or so, send him the rest. If he insisted on wanting it all back, tell him to send you an SASE or come and pick it up. A couple of hours round trip is at least $10 in gas, maybe $15 by the time you read this with the prices changing so fast.

It sounds to like he drove home, told SWMBO about it, and she threatened to raise the roof if he didn't cancel the deal and get the money back. He probably still wants the tractor, but she has other plans for the money.

 

[Skyco]

I did indeed have a call during the three hours; I told them I had taken a deposit and they said "thank you" and hung up.

Greg

Well see I would have done that differently, to me it isn't absolutely, positively sold until it is gone and I have ALL the money in hand. I would have told the caller I thought it was sold but asked for his name and number to call him back if something happened.

The whole private sale business is getting tiresome to me, I get people that call about something and want directions but won't set an appointment. NOPE. I won't give them directions until I have their name and have set an appointment. I tell them is isn't where they can see it in a drive by, which is true, if thats what they are thinking.

A couple of years ago I had an 87 Camaro for sale with a spun rod bearing, wanted only $300 for it, the car was in pretty crappy shape, well this guy called all worked up and wanted to come over immediately with cash in hand, he was all over it. Got here and was PO'd. The paper had made an error and listed it as a 97 not an 87 Luckily I had a temporary phone number for the ad that was forwarded to my real cell number, so I cut that number out of forwarding immediately, otherwse I'd have been hounded to death until the ad was corrected. Sorry to go off topic

Live and learn....

 

[Spudland_Dave]

I'm torn....
Part of me agrees with the majority of the other posters and says just give the 100.00 back and be done with it....
But the other part of me says in principle, I'd keep the deposit. Seriously speaking, IMO the whole POINT of a deposit is that if the deal doesnt go thru, the seller gets a small amount to help cover the costs associated with relisting it, the potential of a lost sale, etc.. for that exact reason people place different "acceptable deposit" amounts...if you tried to put 100.00 deposit on a 200k home, I dont think the seller would even consider it.

A change of heart or unexpected expense is BS. Before buying my tractor I made SURE it was ok with SWMBO, Financially Responsible thing to do, etc... And I also made sure that when I did put a deposit on my 3520 Cab, it was THE ONE I wanted. Even If the orange guys had called me with a smokin deal on the orange equivalent, out of principal, I woulda told them I had already bought one....not to mention, I wouldnt even consider reclaiming my deposit from the Green Dealer.

 

[Negligence]

I disagree with most here. I would keep the deposit. It's business as usual. Maybe this will teach him a lesson to think before he puts some cash down.

The fact that you might have lost a potential buyer (that phone call) is exactly what the deposit is for. Keep it and get this guy off your back!

 

[Soundguy]

A change of heart or unexpected expense is BS. Before buying my tractor I made SURE it was ok with SWMBO, .

Pretty harsh mentality there. Thare are deffinately many 'possible' financial situations that could have changed in the period of a few hours that would make a few thousand dollars no longer possible.

I'm not saying that they are likely.. or that they happened.. but lets face it.. I'm just not mean enough to bend someone over the barrel, given thses circumstances for 100$. " stuff happens "..

If this were a house sale with 5000$ down and they walked.. sure.. i want the money... but it would be in the contract too.

In a situation with no contract.. like we have here.. is it really worth the fight to be right? It wouldn't be.. to me anyway..

soundguy

 

[valleydweller1]

Pretty harsh mentality there. Thare are deffinately many 'possible' financial situations that could have changed in the period of a few hours that would make a few thousand dollars no longer possible.

I'm not saying that they are likely.. or that they happened.. but lets face it.. I'm just not mean enough to bend someone over the barrel, given thses circumstances for 100$. " stuff happens "..

If this were a house sale with 5000$ down and they walked.. sure.. i want the money... but it would be in the contract too.

In a situation with no contract.. like we have here.. is it really worth the fight to be right? It wouldn't be.. to me anyway..

soundguy

There was a contract. $100 accepted on this date at this time, balance of $8,900 to be paid and tractor picked up at a certain date and time. Signed by both parties.

Does that change anything?

Greg

 

[Soundguy]

Your lawyer didn't think so... and sugested a court might not either...

soundguy

 

[froggy]

As nutty as some people are these days, I would return the money. I know this is an extreme example, but don't think $100.00 is worth possibly having the guy show up with a gun demanding his money.

 

[nyacres]

How much is your time worth? Apparently not much since you've wasted quite a bit ruminating on the topic. Return the money. You are a jerk. and yes, I live east of the ole miss.