buyer that back out

[cayla09]

Jurisdiction

California

Hi last week on Thursday I had a buyer give me a holding deposit of 100 dollars on 10/6/16 so a different buyer wouldn't buy the car that Friday. They told me They would have the rest of the money the next Thursday I have the messages saved. Well Thursday came around 10/13/16 and we contacted them to see when they would be by the pay the remainder balance they said they wanted there holding deposit back. I told them it was a holding deposit So i wouldn't sell the car to the other buyer. So no you aren't getting back. They were aware of the Other buyer that when they offered the depsot that day. I have a agreement they signed saying they where the buyer. Legally I can I keep the deposit where the buyer back out when they said they where gonna pay me the rest by a certain date but backed out. And keep admitting when he gave me that money he was gonna buy it for sure. I lost other buyers because of this so called serious buyer

 

[army judge]

Legally I can I keep the deposit

Probably NOT, but the other guy would have to sue you in small claims to try and get a judge to order you to pay the lousy $100 back.

If that doesn't bother you, ignore him.

If going to court over a lousy $100 is worth it to you, then keep the loot.

 

[Betty3]

Does your agreement say anything about the deposit if the buyer backs out?

 

[cayla09]

No but it does say he is the buyer on the agreement. And he was aware of another buyer that's why he put the holding deposit down. I even have messages from him saying I had another buyer and that's when he offered the deposit that day. He already got the price reduced and everything. I was selling for 800 he got me down to 650 because of the issue with the car. That he was aware of from day one. Heres picture of the agreement he signed.

 

[Betty3]

We can't say for certain who would win if he sued you in small claims court. He might not sue since it is only $100.00. However, you could give him back the $100.00 & you will not have to worry about him suing you.