Holding deposit

[Amh1429]

Jurisdiction

Texas

Ok so I had items for sale for 1500.00. The items where not avab for pick up until the 25th. I told the lady that I was doing a holding deposit with the understanding that it would ha E to be picked up that day as we were moving by the 31st. She came looked and paid me the 750.00 to hold them and bought others items from me that she paid for and took that day. On the 25th she asked if she could wait until after a hurcaince passed I said ok because she would have until the 31st. She contacted me before the 31st and said she didn't know if she would be back in time to pick up. I told her ok I will be moving on the 6th. She said she would not be home by then I told her to get a storage unit and put them in it. She chose Nome of those options. Now a month and half later she contacts me and wants heroney back. Do I have to give it back? The receipt I gave her said remaining balance due on the 25th.

 

[army judge]

She got nothing for the $750.
You kept the items and the $750.
If you don't return her money, you'll be unjustly enriched.
I suggest you return the money to her unless you want to be sued.
If you we're sued, you'll lose.

 

[Amh1429]

She got nothing for the $750.
You kept the items and the $750.
If you don't return her money, you'll be unjustly enriched.
I suggest you return the money to her unless you want to be sued.
If you we're sued, you'll lose.

I don't understand that if she did not pick up items or pay the remaining balance on what was owed with a date. Was I suppose to store then for her? She told me to go ahead and sell them to someone else. So doesn't she forfeit her holding deposit

 

[Amh1429]

She got nothing for the $750.
You kept the items and the $750.
If you don't return her money, you'll be unjustly enriched.
I suggest you return the money to her unless you want to be sued.
If you we're sued, you'll lose.

She failed to show on two different days to pay the rest and pick up her items. Then a month and a half later she wants her money back with no contact. After she said to sell it to some else. Which I only did for 200.00

 

[Amh1429]

She failed to show on two different days to pay the rest and pick up her items. Then a month and a half later she wants her money back with no contact. After she said to sell it to some else. Which I only did for 200.00

Wait how can I be unjustly enriched when I held those items for that many days and then was unable to sell them for want I wanted for them. I had alot of people asking me for them because it was a good deal. I lost money on holding them for her.

 

[army judge]

Wait how can I be unjustly enriched when I held those items for that many days and then was unable to sell them for want I wanted for them. I had alot of people asking me for them because it was a good deal. I lost money on holding them for her.

The alleged purchaser gave you $750 for your stuff.
You later sold the stuff for $200.
So far you have $950 and the person giving you $750 has nothing.
Yeah, that law considers that UNJUST ENRICHMENT, and in all likelihood so will a small court judge who is concerned with equity.

Beyond all of that, the alleged buyer suffered through a hurricane.

I suspect that surviving a hurricane is far more important that buying junk.

Again, a small court judge will consider all of that and more.

You have to convince the judge, if you are sued, that you are entitled to the $750.

I don't see a successful legal argument, or even on in equity you can make.

I supplied you with information.

You are free to heed it, or ignore it.

Whatever risks you take, those are on you.

I have no skin in your game, hell, I'm not even playing your game.

If you don't return the person's money, you risk being sued.

That means your credit score will get dinged because of a civil lawsuit.

If he or she prevails in the lawsuit, your credit will be further damaged, plus you'll have a $750 judgment against you.

If you wish to take that risk, that is entirely up to you.

I am not the boss of you.

I am just another dummy on the internet with a law degree trying to offer information to people who ask questions.

 

[zddoodah]

The items where not avab for pick up until the 25th. I told the lady that I was doing a holding deposit with the understanding that it would ha E to be picked up that day as we were moving by the 31st.

The 25th and 31st of what month?

Now a month and half later she contacts me and wants heroney back. Do I have to give it back? The receipt I gave her said remaining balance due on the 25th.

You have an apparent breach of a $1,500 contract for the sale of goods. You appear to have some document in writing, but it's not clear if that written document was signed by the buyer. Whether that's important (see Tex. Bus. & Comm. Code section 2.201) is not apparent from your post.

If we assume you have an enforceable contract, then your remedy was to try and sell the goods to someone else (which you later told us you did, but only for $200). If you reasonably could have done so for the same price, then you would have had no damages from the breach (other than some possible additional advertising costs) and should have returned the entire $750. If it was reasonable for you to have sold it for only $200, then you would be entitled to keep the deposit since your damages would exceed the amount of the deposit. On the other hand, if you just took $200 to get rid of it and reasonably could have sold it for something close to the $1,500, then you may have a problem. Of course, all this assumes that any contract you had did not have any coherent provision relating to the return of the deposit in the event the buyer backed out of the detail.

And I disagree with the unjust enrichment analysis provided by "army judge."

 

[Amh1429]

The 25th and 31st of what month?



You have an apparent breach of a $1,500 contract for the sale of goods. You appear to have some document in writing, but it's not clear if that written document was signed by the buyer. Whether that's important (see Tex. Bus. & Comm. Code section 2.201) is not apparent from your post.

If we assume you have an enforceable contract, then your remedy was to try and sell the goods to someone else (which you later told us you did, but only for $200). If you reasonably could have done so for the same price, then you would have had no damages from the breach (other than some possible additional advertising costs) and should have returned the entire $750. If it was reasonable for you to have sold it for only $200, then you would be entitled to keep the deposit since your damages would exceed the amount of the deposit. On the other hand, if you just took $200 to get rid of it and reasonably could have sold it for something close to the $1,500, then you may have a problem. Of course, all this assumes that any contract you had did not have any coherent provision relating to the return of the deposit in the event the buyer backed out of the detail.

And I disagree with the unjust enrichment analysis provided by "army judge."

Ok we have text messages to each other I told her it has to be out by August 31st at the latest. She gave me 750.00 to hold for her. The hurricane hit and flooded my neighbor my house was lucky. Her house had no damage but she decided to not come pick up that day at 10am on the 25th which I wrote on the receipt. She text me that Morin and said she wanted to wait until after the hurricane hit. I told ok but has to be out by 31st. She told me on the 31st she would not be back yet. I told her I would have until the 6th to leave and she could pick it up then. She let me know she didn't like she would be back and to sell the item. I relisted it and was only able to sell it at that point for 200.00 the dishwasher and oven which was part of the deal I wasn't able to sell and had to leave it there. Then 45 days later she contacts me and said she wanted her money back .. I lost money on the deal I could have sold if the day she came a gave me a deposit for me to hold for her on the 25th. She didn't now show up any of those days. My neighborhood was bad and most of the house on my street where under 4-5 feet of water. So I lost money and did not make money o. The deal. I offered her 100.00 of the 200.00 to be nice. She refused that.. so I was supposed to store all those items and have her pay the rest of the money another 750.00. When she told me she spent all her savings on the 750.00 and didn't have 750.00 to pay off the rest on the 31st

 

[Amh1429]

The alleged purchaser gave you $750 for your stuff.
You later sold the stuff for $200.
So far you have $950 and the person giving you $750 has nothing.
Yeah, that law considers that UNJUST ENRICHMENT, and in all likelihood so will a small court judge who is concerned with equity.

Beyond all of that, the alleged buyer suffered through a hurricane.

I suspect that surviving a hurricane is far more important that buying junk.

Again, a small court judge will consider all of that and more.

You have to convince the judge, if you are sued, that you are entitled to the $750.

I don't see a successful legal argument, or even on in equity you can make.

I supplied you with information.

You are free to heed it, or ignore it.

Whatever risks you take, those are on you.

I have no skin in your game, hell, I'm not even playing your game.

If you don't return the person's money, you risk being sued.

That means your credit score will get dinged because of a civil lawsuit.

If he or she prevails in the lawsuit, your credit will be further damaged, plus you'll have a $750 judgment against you.

If you wish to take that risk, that is entirely up to you.

I am not the boss of you.

I am just another dummy on the internet with a law degree trying to offer information to people who ask questions.

We both had to deal with the hurricane my neighborhood was under 4-5 feet of water I evacuated but my house was lucky and the water didn't make it in. Her house had no damage either

 

[Amh1429]

Also the ref cost 3,000.00 new and dishwasher 900.00 new and gas stove 800.00 I was selling for my mother in-law because she had to move and couldn't take it with her. So 1500.00 was a cheap deal and her not paying me the other 750.00 with no time to sell it I was only able to sell for 200.00 the rest didn't sell when I had others wanting it. So I was out of 550. I offered her 100.00 back and she refused it. I don't understand how I made money on her deposit

 

[army judge]

Also the ref cost 3,000.00 new and dishwasher 900.00 new and gas stove 800.00 I was selling for my mother in-law because she had to move and couldn't take it with her. So 1500.00 was a cheap deal and her not paying me the other 750.00 with no time to sell it I was only able to sell for 200.00 the rest didn't sell when I had others wanting it. So I was out of 550. I offered her 100.00 back and she refused it. I don't understand how I made money on her deposit

You don't need to waste your valuable time explaining or justifying anything to me.

You might wish to save that if the other person takes you to court.

I don't care if you ripped her off for $7,000,000.

Good luck.

 

[Amh1429]

Wow ok I am sorry I just didn't think you have all the info. She breached her contract so I believe I can sue her for times the difference plus 100.00 plus lawyer fees and court cost