Deposits

[hehoolaughslast]

My jurisdiction is: NJ

I was selling my quad on craigslist. had it up there for $1700. a guy decided to buy it so left a deposit without looking at it through paypal. he left $200 and was going to pay the remaining $1500 when he picked it up(a week later). when he came to pick it up, he decided that he didnt want it anymore, and now wants the deposit back. i told him no way, that i turned down other offers because of him. he said if i don't return the deposit within a week he will take further action. is he entitled to getting the money back?

 

[dee_dub]

Whether the deposit is refundable depends on the agreement between the two of you. If you did not explicitly discuss it, it would not be unreasonable for him to think the deposit was refundable.

If he is inclined to take legal action, you can anticipate being sued in small claims court. What might happen there is anyone's guess - I would not be surprised if he won. Did you in fact turn down other offers, or were you using that as a ploy? If you can show other offers, the court might be more sympathetic to your position.

 

[hehoolaughslast]

i specifically told him that the deposit was non-refundable if he did not come and pick up the quad with the rest of the money. he thinks because he showed up, then changed his mind, that he gets the money back.

 

[dee_dub]

If that was your agreement, then remind him of it. If he want to get the deposit back, he'll need to convince a judge in court that your agreement was otherwise. He can either come up with the remaining funds and purchase the quad, or kiss his deposit goodbye.

 

[Duranie]

I would not give him the deposit back. Let him sue you for it. Unlikely he will win but if you are served you need to answer. In the meantime stop communicating with him.