Return deposit?
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Category: General Chat
Forum Name: General Chat
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URL: https://www.ohbaby.co.nz/forum/forum_posts.asp?TID=40753
Printed Date: 27 August 2025 at 6:45am
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Topic: Return deposit?
Posted By: newme
Subject: Return deposit?
Date Posted: 13 October 2011 at 3:52pm
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a bit of a novel, but here goes:
We own a car, which is currently on finance. We want to sell this car. Spoke to finance company who said that was fine, just let buyer know that money is owed, and then they can pay $ directly to finance company. that way they will know that there is no money owing. this is perfectly legal and very common according to finance company. So we listed car, a woman came and test drove it. Liked it, wanted to buy it. She gave us a $200 deposit (sold it for $9400). We agreed to get it new rego/wof, which we have done. She has now come back and said she doesn't want to buy car as her friend, a lawyer, said that it will take a week for finance company to process payment and they will still have a claim on the car during that time and she wants her deposit back. I feel like this is a bit unreasonable - we have paid for wof/reg/TM success fees which all come to about $200, plus we have spent a whole day trying to sort this out. I think that she is the one that has pulled out of a perfectly legal deal, so therefore she forfeits the deposit. what do you think? advice greatly appreciated. |
Replies:
Posted By: clover
Date Posted: 13 October 2011 at 4:00pm
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I think that by paying a deposit she has entered a legally binding agreement. Besides which a deposit is generally forfeit if you back out of an agreement? ------------- http://lilypie.com"> 
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Posted By: SethsMama
Date Posted: 13 October 2011 at 4:03pm
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I would say that since you were up front about the finance deal at the start then she has no basis for a refund.
The whole point of a deposit is so that if the buyer changes their mind the owner can cover costs. Which is exactly what you did with the money. Do you have a lawyer friend? If you do, just get them to write a fancy letter with all the jargon, that's what I do when people try to take advantage. I would imagine there would be something in the consumer guarantees act about deposits, maybe google it? ------------- 
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Posted By: jazzy
Date Posted: 13 October 2011 at 4:51pm
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I would tell her she has entered into an legal agreement & if she pulls out now that is her choice but she will not get her deposit back.
Tell her you had the work done that she requested & you will be contacting TM if she does not complete the trade & you will be demanding your TM fees back & you will be telling them that she refused to complete the trade...I would tell her she is a time waster.. I would also tell her that if her friend is a good lawyer he will advise her that she has broken the contract & that she is breaking the law (put it all back on her). Worst comes to worst tell her you will go to "fair go" as you have nothing to lose & she is the one in the wrong. Good luck...I hate people like her, brings out the fight in me 
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Posted By: Babe
Date Posted: 13 October 2011 at 6:30pm
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I agree with PP - she knew the deal beforehand. Has anything else happened?? Haha I'm with Jazzy people like that bring out the fight in me too, I hate being screwed around!! -------------   
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