Originally Posted by
Pedro_The_Swift
The money kind,
If someone puts a 1K deposit on a car thats for sale, then 8 days later on inspection say No Thanks,
What are the legal requirements?
Late Edit;; Private car sale.
Depends entirely what was in the minds of the parties when entering into the contract.
If it was a "deposit", then that means a sale had been made (offer and acceptance) and the deposit was merely a part payment with the balance to be paid at a specified date (or under specified conditions, like a RWC or repair or independent mechanical inspection or whatever). If the condition couldn't be met, then the contract was voidable and the deposit refundable. But if all conditions were satisfied, the buyer owns the car and must pay the balance. If the buyer can't or won't pay the balance, the seller is entitled to retain the deposit, particularly if the seller has suffered financial loss.
It looks like the car was "sold" sight unseen, which means it probably falls under the sale by description category. That is, person A agrees to buy the car "subject to the car being presented as described". Then the deposit (assuming that both parties had in mind that the deposit was a contractual obligation) is always subject to the car's description being accurate. It is an implied condition of the contract. A condition means that it must be satisfied or the contract is voidable by person A. In this case, where the buyer could easily point to the description as being inaccurate, the deposit would be refundable (unless person B suffered financial loss in holding the car and that this possibility was agreed to by A and B when entering into the contract).
So, what was the $1k for? And under what conditions was it forfeitable or refundable?
If there's any doubt about what the $1k was for (a contract can be verbal, but is difficult to enforce without evidence) and unless the seller can demonstrate actual financial loss or if the buyer can say that the car does not present as described, then the $1k should be fully refunded.
2013 D4 expedition equipped
1966 Army workshop trailer
(previously SII 2.25 swb, SIII 2.25 swb & lwb, P38 Vogue, 1993 LSE 3.9V8 then HS2.8)
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