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Question about giving back a down payment?

Spunger

Git yer dumb questions here
Feb 19, 2003
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This might seem lame but I've never had this come up. We had been trying to sell a treadmill on craigslist.com for a while. I've had tons of people interested in it but only 1 person emailed me enough information to setup a viewing time and such. He came and looked at it, we were asking $225 for it, and he gave us $100 as a deposit on it.

So today, this is now like 3 weeks later after he gave the deposit, he had emailed me back stating that he doesn't think his electrical system in his apartment can handle it and wants me to either mail his money to him OR have him pick it up.

I dunno exactly what to do. I'm pissed because it was sold and I told all these people that it wasn't for sale anymore. I put up another ad hoping to sell it again. But as far as his deposit goes I dunno what to do. That's why I'm asking for some help.

What should I do? I've never had to figure this out before.
 

BigMike

BrokenbikeMike
Jul 29, 2003
8,931
0
Montgomery county MD
Don't give him his money back. Keep it. From what I can gather, the deposit was a contract that he was gonna buy it. If you don't feel right about keeping the money, give him $50 back and keep $50 as a convenience fee and sell it to someone else.
 

Spunger

Git yer dumb questions here
Feb 19, 2003
2,257
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805
That's what I was thinking, I mean I could have had this thing sold within the last month that he lagged.

Is there any "legal" anything he could do to try and get his $$$ back? I basicly don't want to do anything where I'm going to get a brick thrown through my window or a tire slashed all from not wanting to give him his $100 back. You know what I mean?

I know that it was a contract, by mouth and all, which is legal :) I mean if paid for any other thing as a down payment and backed out would they (like a company) give you your 100% deposit back?
 

WSU DH'er

Monkey
Nov 28, 2003
206
0
Fayetteville, NC
Spunger said:
Is there any "legal" anything he could do to try and get his $$$ back? I basicly don't want to do anything where I'm going to get a brick thrown through my window or a tire slashed all from not wanting to give him his $100 back. You know what I mean?

I know that it was a contract, by mouth and all, which is legal :) I mean if paid for any other thing as a down payment and backed out would they (like a company) give you your 100% deposit back?
There is nothing legally he can do to get his money back, verbal contracts of such a nature are binding. And by him giving you it is what is know as consideration, creating a binding contract.

How ever you do have to descide if it is worth it for $100.
 

Spunger

Git yer dumb questions here
Feb 19, 2003
2,257
0
805
splat said:
but make it a little bit inconvient for him, make him come and get it.
I like that idea LOL. The sucky thing was is he'd keep in contact with me waiting for some decent weather to come and pick it up (lives in the area), so out of 3+ weeks maybe 4-5 days were not good enough to transport something like this. So it wasn't like he didn't have time to do it.

I was asking $225 and he picks up. We dropped the price to $200 when he said he was going to rent a U-haul truck/trailer and we'd give him the outlet for it. So I took out the outlet (it was just one that instead of a outlet like this I I it was -- I).

I'm out of town until Thursday, maybe I'll email him and get his address and mail it to him after I get back.
 

BigMike

BrokenbikeMike
Jul 29, 2003
8,931
0
Montgomery county MD
Crashby said:
Do unto others... (and all that jazz)...

Right, and if I gave someone a $100 dollar down payment on somthing and then backed out, I would not expect my money back, unless it was in writing i'd get it back.


I almost got a REALLY sweet Rocky Mountain RM7 for CHEAP because someone had it on layway up at the shop and stopped making payments on it. They tried to contact him quite a few times, and when he said he had no money or somthing like that they were gonna sell it to me at cost. He pulled through with the money at the last minute and got it off layaway, but they were just gonna keep his money because he was not holding up his end of the deal.
 

BMXman

I wish I was Canadian
Sep 8, 2001
13,827
0
Victoria, BC
Does craiglist charge you to list items? I would just subtract the cost of re-listing and refund him the rest minus 10%.....D
 

Spunger

Git yer dumb questions here
Feb 19, 2003
2,257
0
805
BMXman said:
Does craiglist charge you to list items? I would just subtract the cost of re-listing and refund him the rest minus 10%.....D
Nah it's free to list things :)
 

maxyedor

<b>TOOL PRO</b>
Oct 20, 2005
5,496
3,141
In the bathroom, fighting a battle
You could keep it as there is no proof he actualy gave you the money, but don't be a dick like that. I would send him $97.50 and when he complains tell him you took out for the envelope, stamp, and mental anguish. Or for even more fun tell him he can come pick it up, but that you allready stent the $100 cash, but you have pennies if he wants them.
 

sanjuro

Tube Smuggler
Sep 13, 2004
17,373
0
SF
maxyedor said:
You could keep it as there is no proof he actualy gave you the money, but don't be a dick like that. I would send him $97.50 and when he complains tell him you took out for the envelope, stamp, and mental anguish. Or for even more fun tell him he can come pick it up, but that you allready stent the $100 cash, but you have pennies if he wants them.
winner! if life is too much to squabble over $100, then $2.50 should be nothing.
 

binary visions

The voice of reason
Jun 13, 2002
22,149
1,250
NC
In the grand scheme of things, $100 is really not much money. I'd say that just being a generally decent human being would indicate you should just send it back to him.

If you're really bothered and feel you've been cheated, you could have a discussion with him and tell him you feel you should be compensated. Maybe even split the deposit. I think just flat out refusing to send it back is a bit much, though.
 

OGRipper

back alley ripper
Feb 3, 2004
10,721
1,224
NORCAL is the hizzle
$100 is not much money but the point is that he has spent time on this guy, and presumably kept it off the market for a little while in reliance on it being already sold.

And I agree with the response to "do unto others": If it was me backing out, I would offer that the seller should keep part of it.

Send him a check for $50 or maybe $75 with a note explaining that instead of being a jerk and forcing him to make good on the deal you are keeping what you think is the reasonable cost of your time and effort. Then deduct what you keep from the asking price so it is that much easier to sell. If the dude comes after you for $50 he's got bigger problems and you should probably just pay him and move on.
 

LordOpie

MOTHER HEN
Oct 17, 2002
21,022
3
Denver
OGRipper said:
$100 is not much money but the point is that he has spent time on this guy, and presumably kept it off the market for a little while in reliance on it being already sold.
that's really the point, isn't it.