Do I have to refund money?

Question

I posted a sofa & loveseat for sale on the internet. I had a potential buyer coming to see it on 11th. Another woman came to see the set on 10th. She said she wanted both pieces and left me a cash deposit of 1/2 the $$$ and would pick up on 13th. I immediately called the other prospect to cancel her appt. I have new furniture on hold until I sold my set so I also called them and arranged for delivery for the18th. On the 11th, I put the cash deposit from buyer towards my new set. Later that afternoon the buyer calls to tell me her mom bought her a new sofa as a surprise and she can't buy my set. I told her the $$$ was already gone. She said that if I am unable to find a new buyer by Friday night she would pick up the sofa but would not buy the loveseat. If I don't find a buyer, can I insist she still owes me money since we had a contract (her cash deposit constitutes a deal?) or can I insist she take the loveseat since it will be harder for me to sell that piece by itself?

I did originally say in my ad that I was willing to break up the set. Pieces were each selling for the same price. I'm thinking that she technically owes me money and the deal was non-refundable. I'm being nice by letting her take only one piece so I should get to choose which piece she can have. Is this incorrect? Why should I have to pay for her mother's mistake?

Answer 1

You don't have to refund the money.
If there is nothing in black and white.
You are required, now to proceed as per written agreement, if at all, if you two have pen down any condition in context. You have not referred about written agreement, thus it is believed that you do not have any.
However, if give one piece of furniture you will do no good to the depositor, neither to your self nor for any other perspective buyers.
You may not refund anything, or you may refund the entire amount and earn a friend.
Alternatively, you may deduct advertisement cost from the deposit, which shall be well under stood by the depositor.
How ever choice is yours !!!

Answer 2

The only way to keep the sofa and love seat is to refund the money. Is she a friend you want to keep?
I would try to hold her to the bargain she made. Giving you half up front is a commitment to the deal.
If she reneges on the deal, I think you get to decide which piece she gets. And why does she get a piece? If you decide to do that, I'd give her the loveseat (I think you'll have a better chance of selling a sofa than a loveseat). If she doesn't like it, she can pony up the rest and get both. The couch her mom bought is her problem, not yours. She can return it. She made a deal with you, and the deal wasn't contingent on what her mom might do.
As you have no written agreement, you don't really have much except to try to force her to honor her deal. Technically, she is buying both, so you could keep both until she pays the full amount. You may have to be an a55 to get your money, so think about how it will affect your friendship if she is a friend or friend of a friend. If not, you can insist she keep her end of the bargain and pay the full amount for both or lose her deposit because you can only sell them as a set.
I like the idea of waiting to refund her until you sell the set. She put you in a bind, and so I don't think it's unfair to make her wait. At least she's getting something back.

Answer 3

I don't understand her view that she is entitled to take one piece in lieu of having her deposit returned. You have incurred a financial loss i.e. the opportunity cost of selling it to someone else. Based on her actions, you took reasonable action and took the furniture off the market. You are entitled to be compensated by keeping the deposit. That is actually the function of a deposit. A deposit is normally not refundable unless it is stated to be refundable at the time of sale.

She may point out that some merchants will refund a deposit under these circumstances. This is true, but the situation is different. A store has to look at the value of a continuing relationship with the customer. You don't have this. The store is in continuous business and could order other things. You are not in this situation. The correct way to resolve this is for the mom to take back the extra sofa. The daughter already bought one. Also, the fact that you were willing to break up the set at one time is not relevant. That wasn't the deal she negotiated.

Don't wimp out.

Anybody else reading this, please note: this is the problem with surprises. The mom never should have let her daughter continue shopping (assuming she wouldn't find anything) just so she could have a "surprise".

Answer 4

Did you specifically state at the time she gave you a deposit that there would be no refund if she changed her mind? Do you have anything in writing? Since you said that you would brake up the set, then she can demand one of the pieces of furniture. It's up to you if your going to give it to her. If there was nothing in writing, it is your word against hers if she takes you to small claims court. Do you have a witness to the transaction? What I would do is tell her since she backed out on the deal she would just have to wait until you sold both pieces of furniture before she gets her deposit back.

Answer 5

I'd give her nothing. Deal is a deal. Take and pay for both pieces or lose the deposit

Answer 6

No they gained't, it rather is not their fault the two so why ought to they. once you deliver an merchandise out without making use of a 'signed for' delivery provider then the possibility is yours. I by no skill, ever, deliver something on unsigned for centers as any shopper who gets their parcel with out a signature can say they by no skill won it. the key is that through fact the customer will pay postage besides that's no epidermis off your nostril to pay the top classification.

Answer 7

If you did not issue her with a receipt, then no one except the two of you know she paid a deposit, so basically you can deny it (for the mucking around by them), and it cant go any further. If you DID give a receipt, then yes they are entitled to their money back.