i sold a car on ebay the guy gave me a deposit. he asked if i would hold the car for a month before the aution ended.i said yes. he won the auction. then he tells me he needs to get a lone. the month goes by.i talked to him the day before he was to take car he said he was picking up the money that night and would see me the next day. i never here from him. another 30 days goes by. he emails me wanting his money for the deposit back, do i owe him legally?
2006-12-09 13:21:20 · 10 answers · asked by chilly 2 in Politics & Government ➔ Law & Ethics
Keep the money. Let him take you to Small Claims Court if he likes ... You'll win.
2006-12-09 13:39:19 · answer #1 · answered by Yak Rider 7 · 0⤊ 0⤋
No, a deposit is usually a proof that he will buy the car and if he doesnt buy the car, you keep the money.... you could have sold it to someone else, but didnt because he had already given you a deposit, now that he backed away and wants the deposit, tell him that he can't have it because you kept your promise of not selling the car and he didnt keep his of buying it... now, if he takes you to court, dont worry about it because he was the one who did not keep his word and he is the one who owes you money for the car, not you... you dont owe him anything,,,
2006-12-09 13:47:13 · answer #2 · answered by REAL MADRID 4 LIFE 2 · 0⤊ 0⤋
I think I saw a case like this on Peoples Court once. NO, he can't have his money back. The fact that his deposit was his security to keep you from showing the car to other potential buyers is why who may have actually PAID for the car is why.He backed out of a contract while you lost out on other potential buyers in the meantime.
2006-12-09 13:31:37 · answer #3 · answered by EnigmaGirl 3 · 0⤊ 0⤋
You use a deposit to ensure that he buys the car so if he chooses not to buy the car you keep the deposit. Then you put the car up for sale on ebay again and still make money.
2006-12-09 13:29:17 · answer #4 · answered by freakyallweeky 5 · 0⤊ 0⤋
yes an no did you say deposit non refundable? but you were holding the car an held it for a few months as i can see where u could have sold the car in that time. but you can also report this man to e bay for fraud and let him take you to court cus you overall dont owe him anything. you held your end up he didnt
2006-12-09 13:30:57 · answer #5 · answered by rodeogirl 6 · 0⤊ 0⤋
hi there all of these aoreements were of the verbal nature , it comes down to you and your morals etc. if you give him his money back he will be happy !on the other hand you have the car still and you can re advertise , perhaps in a newspaper trading post etc. no deposits required on these transsactions full payment upon pick up , is the way id be dealing . good luck anyway
2006-12-09 13:44:50 · answer #6 · answered by hoyty0 1 · 0⤊ 0⤋
Ebays rules are pretty clear about this - But you would have to have posted in your ad that deposits are non refundable.
If not they are probably entitled to a refund.
2006-12-09 13:38:59 · answer #7 · answered by amazing 1 · 0⤊ 0⤋
If it is stated non-refundable deposit required, then no. If not, then check the laws per your state. However, you can bill him for holding it.
2006-12-09 13:23:51 · answer #8 · answered by Common Sense 5 · 0⤊ 0⤋
Actually i think that 'legally' he owes 'you' money. Bidding at a auction is a binding agreement. I wouldn't give him anything
2006-12-09 13:27:06 · answer #9 · answered by Ferret 5 · 0⤊ 0⤋
no. they say that it is not refundable. make sure you read the contract.
2006-12-09 13:28:40 · answer #10 · answered by catchup 3 · 0⤊ 0⤋