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VIC Gumtree - Do I Have to Refund Deposit?

Discussion in 'Australian Consumer Law Forum' started by ahurst, 27 July 2016.

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  1. ahurst

    ahurst Member

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    Hi all,

    I've recently sold my billiards table on the website Gumtree and someone agreed to buy it via emails and phone calls. I requested a $200 deposit (sale price was $700) as they wanted me to hold the pool table and remove the ad deeming it sold until they were ready to get it moved.

    I did this and a month later, they have emailed me to say they want their deposit back as the place they're moving to is not available for another 2 months.

    Do I legally have to refund their deposit? We have turned away prospective buyers in the meantime.

    Any help would be greatly appreciated.

    Thank you
     
  2. Rod

    Rod Well-Known Member

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    I wouldn't return any money until the table is sold. If you sell it for $700, you should return 90% of the deposit. If the table sells for less than $700 then you stake a claim on the deposit for the difference and return the rest.
     
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  3. Sophea

    Sophea Well-Known Member

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    I would say no. The whole purpose of the deposit is to indicate confirmation of willingness to complete the sale, if they breach that contract then they lose out. That's the nature of a deposit.
     
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