Non refundable deposit

Discussion in 'Australian Consumer Law Forum' started by Anne lowry, 8 July 2019.

  1. Anne lowry

    Anne lowry Member

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    My son has arranged to purchase a dog through Tradingpost.com.au. The seller put us through a lot of questioning and insisted she come to his home to “approve” it before he could even see the puppy. She approved him and he arranged to see the puppy and agreed to purchase. She asked for a $500 deposit for the $2500 purchase which he paid ( she did not give him a receipt)and insisted he could not take the puppy until he could pay the balance in cash which he agreed to. After he got home she sent him a message saying “ by the way the deposit is non refundable”. He doesn’t have any intention of not going through with the sale but it has made us a uneasy. Can she say the deposit is non refundable after he has paid it.? There was no mention of this in the ad or before he paid.
     
  2. Paul Cott

    Paul Cott Well-Known Member
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    Hi Anne,
    For them to say the deposit is non refundable is false and misleading. There are circumstances where it would be refundable such as where the seller defaults in an obligation for example to actually sell it to you. Hope that helps.
     
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