Buying boat private sale deposit wont refund

jfm said:
The only way to advise on this properly is to see all the evidence as to what was agreed, and we don’t have that in this thread
There is quite a lot of pub legal analysts is above that is 100% wrong. Eg the seller cannot get a court to force performance of the contract, and contract terms CAN be unreasonable especially in C2C. The UK state does not wipe its citizens bottoms.
Critically, whether it was deposit or part payment the seller has some rights but not an automatic right to keep the £20k. He may only keep -at most- the amount of his reasonably foreseeable (by the buyer) loss.
You cannot pursue a £20k claim in the small claims track. You have to go to the big boys court and that requires great care as to your risk of losing and having to pay your opponents costs. Buckle up.
Click to expand...

I thought it was currently £10K.
 
jfm said:
yes he did welch- that is clear from all your posts. Sure he bought it in the end (@pete) but the trouble above was all in the period when he was trying to welch. The idea that failing to sell his old boat is an ok reason to welch is absurd. If he contracted with another to buy a boat then he should have made sure he could pay. OR he could have struck a deal (if seller agreed) where his purchase of new was conditional on sale of old boat, but he didn't.
I didn't come on here to poke fun and I'm not laughing. I'm merely calling this correctly, putting the (obvious) seller's side of the story which you're blind to, and trying (unsuccessfully, but was worth a shot) to get you to wake up and smell coffee.
I'm sorry to hear that your relative is unwell but please take that emotive stuff out of this thread. The debate is about a deal, not someone's health, so please just drop that. A guy who has received a deposit and contract to sell his boat could also be stressed/ill if the buyer threatens to renege on the deal, but in making your pathetic illness point you have conveniently ignored that.
The real point in all this is that if you make a deal then you must stick to your word. I do realise you don't see it that way and I'm happy to agree to differ, but with zero sympathy for your view.
Click to expand...

Quite frankly JFM I think that post is rubbing salt in the wound and quite rude. It is full of theory and opinion but you post it as though it is fact. I am afraid you are quite incorrect
 
JFM s analysis is correct I have to agree with that.
The only thing missing is few words on the “ contract “ which started as verbal ( that’s ok in principle if things go swimmingly) This was later amended to a writen at some stage posted by the buyer to the seller we are lead to believe.

However it’s at the initial verbal end that the buyer discovered after the deposit was handed over the apparent ( from the OP ) unilateral terms of the deposit ,namely its was “ none refundable “.

The way the OP has explained ( if I understood this post ) was that it was this “none refundable “nature business that seemed unfair .

The thread been all over the place mostly due to drip fed info - that’s seems a normal occurrence ,I am not making a pop at the OP ,just saying it how I see it .
How ever in credit to the OP he has responded to a request yesterday to air the conclusion after a month or so dormant.
Fortunately seemingly a happy ending regarding the transaction for both parties,they got there in the end .

Highlights knowing the terms of a contract ,getting any potentially harmful scenarios in writing before entering into a agreement.

In France they have antigazumpimg laws / contracts re property , you agree a price and that’s fixed / locked via a 10 % deposit .
There’s a 14 day cooling off period whereby if you “ Welch “ it’s refunded .After that the seller keeps it if you welch .
JFM s correct - re sentiment ,let’s keeps that out every welcher has a sob story .
2008 financial crash an old ninety year lady in Cap Feret put her house on the market for €250 M , that’s right million !
A Russian paid the 10% deposit -€25 M then due the downturn welched .His business ran into difficult times shortly after , same scenario he wanted to offload shares but the price tanked , a few days after the 14 day deadline so he had no cash to complete .
Lost it ! It does not take an extra €25 M to flick / click an Internet as at Frank Knight to readvertise ,the old woman’s just phoned to say read advertise .
She keeps the deposit .It eventually sold to another buyer waiting shortly.
She had no relatives to pass her estate on , so gave the €25 M to the Paris equivalent of Battersea dogs home ,and the proceeds of the sale when it happened to charity less her nursing home fees .

A few years later iirc the house went for €325 M .

Thing is everyone knows the terms of the French “ comprise d vent “ and obviously it’s in writing as well notaries are involved , So did the Russian guy ,

So let’s all take something positive from this thread - - - Er until the next time :)
 
Elecglitch said:
:encouragement:
Click to expand...

Yes he welched.
Point 1
I was in the same situation buying a new boat but my old boat was sold but not completed. I paid a substantial deposit on the new boat with it subject to my old boat completing. How was the seller to know that it was dependant on him selling his old boat

Point 2

When has age been an excuse for not being prudent. If the buyer was that incapable of looking after his own affairs the problem lies with his family and carers and I say that as someone who is a long way past retirement.

I am sorry but my sympathies lies with the seller.
 
Blimey folks, talk about flogging a dead horse!
It's very obvious that the deal should have been handled differently, and both the op and his relative are fully aware of that by now, as I understand.
The bottom line is that the case is closed, the seller got the money and the op's relative the boat, with some health troubles on top.
Time to let this thread die without any other ifs and buts, imho.
 
Newbroom said:
Yes he welched.
Point 1
I was in the same situation buying a new boat but my old boat was sold but not completed. I paid a substantial deposit on the new boat with it subject to my old boat completing. How was the seller to know that it was dependant on him selling his old boat

Point 2

When has age been an excuse for not being prudent. If the buyer was that incapable of looking after his own affairs the problem lies with his family and carers and I say that as someone who is a long way past retirement.

I am sorry but my sympathies lies with the seller.
Click to expand...

yep
 
MapisM said:
Blimey folks, talk about flogging a dead horse!
It's very obvious that the deal should have been handled differently, and both the op and his relative are fully aware of that by now, as I understand.
The bottom line is that the case is closed, the seller got the money and the op's relative the boat, with some health troubles on top.
Time to let this thread die without any other ifs and buts, imho.
Click to expand...

I was thinking it could at least stretch to the new year..
 
Bigplumbs said:
Quite frankly JFM I think that post is rubbing salt in the wound and quite rude. It is full of theory and opinion but you post it as though it is fact. I am afraid you are quite incorrect
Click to expand...

I, for one, would be fascinated to know where you think JFM is 'quite incorrect'. :)
 
ari said:
I, for one, would be fascinated to know where you think JFM is 'quite incorrect'. :)
Click to expand...

Did not know enough about the actual agreement, applied a load of theory which was not necessarily applicable, Treated it like a hard business transaction, Needs to live in the real world occupied by mere mortals often without a pot to piss in. On top was unnecessarily rude and uncaring. I could say more but fan boys ears struggle to hear
 
You must log in or register to reply here.

Other threads that may be of interest

EugeneR
Help with getting sold boat data
Replies
8
Views
498
Tranona
T

Share this page

Top