QLD refunding buyer a deposit (private car sale)

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7 January 2021
hi all,
recently advertised a vintage 60s model car for sale on facebook market place (private seller)

had a buyer contact me saying it was exactly what he wanted, however was away on holiday. he asked for more pictures and a video of the car which I sent along with as much detail as I could include.

seemed very happy and asked if he could put a deposit on the car so it would be taken down from sale and secured for him.
I agreed and he deposited $1000 into my account.
he was due back the day after and was ment to come past and double check the car.. however called and said he wouldn't bother and would just collect in a couple days and pay the rest on pick up.

pick up day came and buyer arrived to inspect, looked over the car and said he didn't want it as he wanted a less "restored car" even though my ad clearly stayed the car was restored..

I had by this time turned away many interested buyers and cancelled the cars concessional registration (vintage vehicle limited registration).

I was very annoyed and the buyer was quite rude. then demanded I pay his deposit back.
I declined as I thought this was the point of a deposit.. which he insisted he give me to secure the car for himself.

he is now threatening legal action to recover his deposit.
there was only a few messages sent back and forth regarding the deposit.

am I liable under qld law to refund him?
I offered to refund a portion and the rest would be retained to cover expenses and trouble caused.

any help would be greatly appreciated

Tim W

LawTap Verified
28 April 2014
Or, in the alternative, you could threaten an action against him
for breach of contract (by him, that is)....

But, be sensible - The way to make this be over is to give him his $1000 back.