buyer requesting refund to private seller after change of mind after putting deposit of 200$

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ashleyjohn132

Active Member
9 December 2020
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31
hey i just had a advertisement on gumtree to sell my car that is repairable write off which i was planning to fix it up and almost halfway through but dont have the finances to take it further so selling a viv inspection car and selling for 3000$ , the buyer came in the night inspected and made sure everything was mechanically okay and went home took his time to decide and after him feeling confident on all the details provided for the car with reports and documents he transfers a deposit at 10 pm to hold the car and then in the morning he calls me to tell that i like the car and since the viv inspection dates are longer than he expected to be ,he doesn't want to go through this deal. should i refund the money back ?

he says that it was my responsibility to says that viv inspection takes long time to get appointments, i told that i wont be able to tell him the information as i have never done a viv inspection!
 

Tim W

Lawyer
LawTap Verified
28 April 2014
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2,894
Sydney
He's talking rubbish, but yes,
you should give him back the money.
Get him, and the dead-in-the-water deal,
out of your life.
 

ashleyjohn132

Active Member
9 December 2020
5
0
31
can he legally move against me with a case as he says he is going to complain to police he says , please help
 

Tim W

Lawyer
LawTap Verified
28 April 2014
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Sydney
You've already spent the money, haven't you?
 

Tim W

Lawyer
LawTap Verified
28 April 2014
4,249
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2,894
Sydney
It's a civil dispute, not a police matter.
The police will tell him so, if he ever actually fronts the police station.

What's actually happened here is
that he is trying to back out of a deal
because he has changed his mind (why doesn't matter).
You could, in theory, force him (by court order)
to pay for the car, as he has agreed to do, and has already part-paid for.

But, theory is not reality.

The reality is
  • this deal is not going through;
  • any way you cut this, this guy is not paying to another cent;
  • you can't personally handle the aggro and threats;
  • it would cost you time and effort and money to go to court
    to have him compelled to complete the deal;
  • and even if you can get an order requiring him to pay for the car,
    he still won't;
  • you want him out of your life; and
    for this all to be over.
The way to get this man out of your life is
to give him back his money.
 
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Tim W

Lawyer
LawTap Verified
28 April 2014
4,249
748
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Sydney
Does he have a civil case?
Not really enough facts to be able to tell.