Selling a car, deposit question

[MongoVT]

I put a car up for sale several months ago for a price of $1500. I had an interested party come view the car on October 31st who decided to buy the car. They gave me a $200 deposit and I gave them a hand written receipt indicating they still had to pay the remaining amount. I did not indicate a time frame. I did make a verbal agreement with the buyer to have them send me a check on the following Monday at which point I would deposit said check...once it cleared the bank I would send the title. Unfortunately over a 3 week period I never received payment and was given weekly excuses as to why I did not have a check. At the end of the 3rd week I indicated to the buyer that I needed payment in cash ASAP or I was going to relist the car. No payment or communication arrived from the seller and I relisted and promptly sold the vehicle to a second buyer. Now 2 weeks after my last email to the buyer I get a email back calling me a dishonest person lacking morals who supposedly ignores emails and never answers phone calls and they want their $200 back. I have kept the full email record of the transaction and I can pull my phone records if it comes to that. Should these people take this to small claims court do i have to worry about anything? I feel that the deposit was small enough and the time frame that they lead me on is long enough that they don't deserve their deposit back.

Advice appreciated.
thanks

 

[Gail_in_Georgia]

I'm assuming you sold the car to the second buyer for the full $1500.

Send the $200 back to the original buyer and be done with it. You never indicated when the final payment was due and if they sue you you have nothing to show in court that you lost money on this deal.

Gail

 

[MongoVT]

In the end I recovered most of my money through the sale but the prolonged original sale made life difficult between car parking space and neighbors etc. In any event I read your response, I researched small claims courts in Vermont, I talked to friends and I offered the buyer this solution. Because they had accosted me with 2 slanderous and very degrading emails I asked for a personal letter apologizing for their language and conduct in the two emails, I asked for a simple apology on not completing their end of the original transaction in a timely manner, and I asked for a polite request for their deposit....signed and dated. If I get this letter I will send them the full amount back.

 

[mightymoose]

You could reasonably deduct the cost of having to relist the vehicle to sell it... whatver that actual cost was... otherwise, give it back.
Nothing wrong with waiting for them to ask nicely though. If they don't want to ask nicely then they go go file in court.... which they may not ever do.

 

[MongoVT]

I got a response from my email and the person apologized for their behavior and agreed to write and send an apology letter. If/when it arrives I'll send a check. Most of the website for Vermont small claims court was based around mediation and coming to an agreement outside of a judges ruling. So I figured this was a way out for the other party and ultimately the $200 means nothing to me. For me it was the principal of having my time wasted and then being accosted as if I had gone out of my way to screw the guy. So I'll post the final results when 100% resolution is achieved. thanks for the help, advice, etc.