Sold horsebox - took 10% deposit - buyer changed his mind and wants his deposit back?

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mustangsally1969

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Nov 21, 2011
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I advertised a 16-year-old 7.5ton horse lorry on horsemart, stating the true mileage, 5 photographs and the fact that it was professionally maintained, even giving the name of the garage where it was maintained. The lorry was also advertised with the correct road tax date and MOT validity. I received an email offer for £8000 pounds which I accepted and the buyer was going to pay a deposit of £2000, only paid £800 in the end a full week after agreeing the deal by bank transfer without seeing or testing the vehicle. I sent an email to say that the £2000 deposit was refundable only if the lorry was fundamentally misrepresented (didnt send anything relating to the £800 deposit). When the man came to pay the balance prior to taking the lorry away, he said he changed his mind due to an alleged phone message from the garage (I never got to hear what that message said) because apparently the garage advised him against buying the lorry because it would cost him a lot of money to maintain. When I pressed the buyer to tell me what was allegedly wrong with it, he said that he didn't know but he had changed his mind and didnt want to buy the vehicle any more. He got in his car and drove off. A few days later I received first a telephone call, then an email asking for the deposit back where he threatened me with the small claims court because I had fundamentally misrepresented the lorry. The court forms have now arrived, what do I put in there, as clearly he broke his commitment to buy?
 
W

Witch consumer

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Re: Sold horsebox - took 10% deposit - buyer changed his mind and wants his deposit b

I assume the court forms are from him claiming back his deposit, if so they should contain more detail than he gave you re comments regarding the condition of the vehicle.

If the comments from the garage were general "something that age will be expensive to run/maintain" then you haven't misrepresented the vehicle, he should have done his homework first, not after.

If however the garage is the one that has maintained the vehicle (you don't make this clear in your post) on your behalf and has told him about some fault with this particular vehicle then he may have an argument.

Sorry can't be more help without more details
 
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mustangsally1969

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Nov 21, 2011
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Re: Sold horsebox - took 10% deposit - buyer changed his mind and wants his deposit b

Yes, the advise was from the garage that maintained the vehicle, but according to the buyer (what is stated on the Court Form) all they said in a voicemail is that they would "be very weary, very weary indeed". I didnt get to listen to the message but when I pressed the buyer for details he said, nothing specific was said. When I asked what exactly is supposed to be wrong with the vehicle, he said he didn't know.
I have receipts for all the work that the garage has done, it is clearly a maintained vehicle by that garage.
Yes, he asking for his deposit back.
 
W

Witch consumer

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Sep 8, 2008
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Re: Sold horsebox - took 10% deposit - buyer changed his mind and wants his deposit b

I would just clearly state the facts and return the papers to the court, they don't expect you to be a legal mastermind just state everything clearly.

You obviously gave him all the facts prior to him committing to buy and he could and should have contacted the garage first, he had all the information to hand.

Don't be nervous about the fact that he's taking this to the small claims court, make sure you keep a copy of the original advertisment (perferably with a date on) as you will have to submit supporting evidence later, for which you could also use the garage receipts. May also be wise to keep a copy of the last MOT certificate and a record of anything you had done to get it through the test.

I don't think you have misrepresented anything here, if anything, he should be paying you the remainder of the deposit when he committed to buy.
 
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trickygj

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May 31, 2010
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Re: Sold horsebox - took 10% deposit - buyer changed his mind and wants his deposit b

mustangsally1969

Sorry to interject here. Did you inform the buyer the deposit was refundable before or after it was transferrred?

Deposits are generally not refundable because they from part of a legally binding contract to go on and purchase the goods.

However, part payments are different. If the 'deposit' formed a substantial part of the price then it could be considered a part payment which is refundable. I think you will have to show that you are entitled to keep the money because you lost a sale or you had to re-advertise it etc. Whether £800 is considered reasonable is another matter. If you suffered no loss it may be that the buyer is entitled to a portion of it back.

Have you spoken direct to the garage you used to service the vehicle and ask them about the advice they gave the buyer?
 
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