Do I have to refund down payment? -- Contractual Agreements
This is a discussion on Do I have to refund down payment? -- Contractual Agreements within the Consumer Complaints forum, part of the BUSINESS & FINANCE LAW category; I sold a washer and dryer to a young couple on Nov 4th and they put a down payment of ...
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#1 |
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I sold a washer and dryer to a young couple on Nov 4th and they put a down payment of $100.00. I wrote them a reciept showing their deposit and the balance owed of $400.00. We made arrangements for them to pay in full and pick them up on Nov 25th. (I am moving out of state and using the money from the sale to pay for the move). Today Nov 18th, I received a text message from the couple saying they want their deposit back because they found a newer and cheaper washer and dryer somewhere else. I explained that it was non-refundable and if they didn't want them I would have to resell them. (Did I mention I'm about to move out of state and this is a major set back for me?) I received two more text messages saying that his mother was the District Attorney and I would be hearing from his Attorney. He said I have your name and address and you will be receiving a letter from my Attorney.He also came by my house and spoke with my daughter while I was gone. I did not write non-refundable on the receipt and we actually didn't even talk about it. He had previously called and texted me numerous times that he was very adament about wanting the washer and dryer. Do I have to refund his down payment? Thank you
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#2 |
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Top Level Member
Join Date: Sep 2010
Posts: 3,428
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Contractual Agreements can be oral or written. From the facts it could understand that it was an oral contract. As he paid the $ 100 as advance that means that he had accepted your offer and consented for the contract. Generally in contractual relations parties are bound to comply with the terms of the contract. Her he has repudiated from the contract after paying the advance amount. Now he is estopped form what he had agreed for unless there is reasonable cause to repudiate the contract. But you have mentioned that you’re about to move out of state , in such a situation if he initiate a legal proceedings against you then it will affect your movement to out of state. So it’s better advised to have a negotiation with him and in the meantime you should also consult with a Civil Attorney who can guide you in this regard. Thank you.
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