Buyer put down deposit, no timeframe agreed. Thoughts?
Discussion
I've been browsing for a while and I'm struggling to come to a concrete answer on this.
I had a phone call a week ago from a buyer that was extremely interested in my car but lived far up North so couldn't get down to me soon to view the car. He wanted clear photos all around and underneath and if all was well he would pay me a deposit.
I did take photos all around and sent them to him. He was pleased and paid me a £250 deposit. All sounded genuine and a really nice bloke.
However... upon mulling over it I have realised we did not agree on any sort of timeframe on the phone for him to buy the car, let alone in text or writing. I thought it would seem a bit rude and pushy to insist on a date by which he would collect the car. However I have now not heard back from him for a week...
I don't believe a complete timewaster would willingly leave a deposit straightaway (which is all legitimate and appears in my bank account.) So my question is, what can I do here as a reasonable person?
Is it reasonable (from a legal standpoint) to press for a date by which he will collect the car? I've marked the vehicle as deposit taken so it's impossible for me to truly know if I have or would have lost out on a sale.
I had a phone call a week ago from a buyer that was extremely interested in my car but lived far up North so couldn't get down to me soon to view the car. He wanted clear photos all around and underneath and if all was well he would pay me a deposit.
I did take photos all around and sent them to him. He was pleased and paid me a £250 deposit. All sounded genuine and a really nice bloke.
However... upon mulling over it I have realised we did not agree on any sort of timeframe on the phone for him to buy the car, let alone in text or writing. I thought it would seem a bit rude and pushy to insist on a date by which he would collect the car. However I have now not heard back from him for a week...
I don't believe a complete timewaster would willingly leave a deposit straightaway (which is all legitimate and appears in my bank account.) So my question is, what can I do here as a reasonable person?
Is it reasonable (from a legal standpoint) to press for a date by which he will collect the car? I've marked the vehicle as deposit taken so it's impossible for me to truly know if I have or would have lost out on a sale.
Just contact him and ask. You could just make up a reason if you are anxious.
"Hey xxxx, I just realised that we didn't set a date for pickup... with the nicer weather I'm planning some days out so could we lock down a collection date today? Appreciate that you want the car now that the deposit is paid and I need it collecting in the next x days. Many thanks."
"Hey xxxx, I just realised that we didn't set a date for pickup... with the nicer weather I'm planning some days out so could we lock down a collection date today? Appreciate that you want the car now that the deposit is paid and I need it collecting in the next x days. Many thanks."
vaud said:
Just contact him and ask. You could just make up a reason if you are anxious.
"Hey xxxx, I just realised that we didn't set a date for pickup... with the nicer weather I'm planning some days out so could we lock down a collection date today? Appreciate that you want the car now that the deposit is paid and I need it collecting in the next x days. Many thanks."
Thanks a lot. That seems pretty reasonable!"Hey xxxx, I just realised that we didn't set a date for pickup... with the nicer weather I'm planning some days out so could we lock down a collection date today? Appreciate that you want the car now that the deposit is paid and I need it collecting in the next x days. Many thanks."
aceofspades1 said:
CG2020UK said:
Just text or ring him and ask him what timeframe he is thinking
I haven't heard back from him in a week unfortunately!Text him once a day for 5 days.
Write to him if you have an email or physical address.
Be clear that if you don't hear from him then you will consider that he no longer wants the vehicle and you will be returning his deposit and putting the car back on sale. This should mitigate risk of him trying to raise MCOL as he has lost a bargain.
I am not a lawyer.
Deposits are quite a big deal legally, although most of us don’t realise. Your purchaser has actually entered into a contract to buy the car.
But as it stands I would just prompt them to say when they will collect. As the person is a long way away its not unreasonable that there may be some delay. If it all starts getting vague I’d give them a reasonable date to collect by.
If that doesn’t happen then the contract is effectively broken.
I believe you don’t even have to return the deposit in that situation, but that’s a bit mean imho.
I came unstuck with an unwise deposit on a car. I found out something in the car’s history I didn’t like and wanted to withdraw. Dealer decided otherwise. Lost deposit!
But as it stands I would just prompt them to say when they will collect. As the person is a long way away its not unreasonable that there may be some delay. If it all starts getting vague I’d give them a reasonable date to collect by.
If that doesn’t happen then the contract is effectively broken.
I believe you don’t even have to return the deposit in that situation, but that’s a bit mean imho.
I came unstuck with an unwise deposit on a car. I found out something in the car’s history I didn’t like and wanted to withdraw. Dealer decided otherwise. Lost deposit!
aceofspades1 said:
CG2020UK said:
Just text or ring him and ask him what timeframe he is thinking
I haven't heard back from him in a week unfortunately!Yeah that makes it a lot more tricky.
I’d text and ring leaving a voicemail just explaining you haven’t heard anything and are willing to give him another 7-10days. If not you’ll have to return his deposit and try and find another seller.
Keep proof of all the times you have tried to contact him.
CG2020UK said:
Sorry I read it as you being too polite to call him.
Yeah that makes it a lot more tricky.
I’d text and ring leaving a voicemail just explaining you haven’t heard anything and are willing to give him another 7-10days. If not you’ll have to return his deposit and try and find another seller.
Keep proof of all the times you have tried to contact him.
Thanks! Yeah maybe I should have made it clearer in the original post... the question is around how reasonable it is to try to enforce a collection date or timeframe if one was not agreed in the first place.Yeah that makes it a lot more tricky.
I’d text and ring leaving a voicemail just explaining you haven’t heard anything and are willing to give him another 7-10days. If not you’ll have to return his deposit and try and find another seller.
Keep proof of all the times you have tried to contact him.
He sounded on the older side and I know he wasn't the best with text messages, I also haven't nagged him (only texted twice and tried calling twice.) So I'll try what someone suggested above and hopefully all will be well!
Do appreciate all the advice
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