No sign of my deposit being returned after I withdrew from sale.

Contest1

Member
Joined
16 Apr 2011
Messages
669
Location
Dublin and Alicante.
Visit site
I gave a £700 deposit, bank draft in the owners name, but decided not to proceed following a close inspection of the internal keel joint.
We exchanged a few emails on the subject but no response to my request for the return of the deposit.
As this was a private sale I,m a bit concerned that, despite her initial emails expressing regret that the sale had been unsucessful, no word since early early July regarding the deposit.
I,v nothing in writing except the emails but these do reflect the agreement that the sale was subject to a satisfactory inspection.
Any advise?
I,v since competed the purchase of a boat in the same marina and maybe this has caused offence though this took place after I had advised my decision not to proceed.
 
Last edited:

Contest1

Member
Joined
16 Apr 2011
Messages
669
Location
Dublin and Alicante.
Visit site
Embarrassingly I don't have an address as I met the lady at the boat and conducted our buisness face to face.
The deal was done in Spain, shes English and I,m Irish so lots of issues for any legal action.
You would think I,d know better.
 

Tranona

Well-known member
Joined
10 Nov 2007
Messages
41,488
Visit site
You seem to have sufficient evidence that a contract exists - although it would have been better to have used a more formal procedure. However, there is always a risk when dealing with an unknown individual and handing them money on condition, rather than using a third party to hold the deposit. You don't say where the other party lives, nor where the contract was made as this affects the legal jurisdiction and your ability to rely on the contract. Even if you do take successful action against her, you will still have the problem of enforcing it.

Suggest next stage is formal letter requiring return of your deposit within 14 days. Whether you can then take any legal action after that will depend on the answer to the questions posed above, but it is a good idea to build a solid trail of evidence that you have tried to resolve the dispute in a business like manner. You may, though need to recognize that you could lose your £700 even though you are right.
 

dsw

Member
Joined
22 Apr 2007
Messages
926
Location
River Medway
Visit site
if the boat is still where you viewed it I would chain/lock it up until they gave the money back
or remove £700 worth of stuff off of it and stand your ground.
 

theoldsalt

Active member
Joined
24 Nov 2010
Messages
2,113
Location
Bristol
Visit site
if the boat is still where you viewed it I would chain/lock it up until they gave the money back
or remove £700 worth of stuff off of it and stand your ground.

Very bad practice, and may be illegal.


Some deposits are deemed "non returnable". In some cases a deposit is payment for holding property for a set period and turning away all other potential buyers until full payment is made. If the purchase is not completed the deposit is payment for inconvenience and cost of readvertising.
It depends on the contact entered into.
 
Last edited:

pandos

Well-known member
Joined
15 Oct 2004
Messages
2,866
Location
Ireland, (Crosshaven)
Visit site
You need to find out where she lives, , you can sue her where the deal was done or where she lives, also tracking her down may have a sobering effect on her. is the 700 a large part of the purchase price, put her details on here perhaps someone will be able to provide her details from the description of the boat etc.. just tell the truth and you should be ok as regards defamation etc, have you contacted bank they might tell you where the draft ended up....
 

[159032]

...
Joined
16 May 2015
Messages
15,535
Visit site
I am sorry to say that it does sound as though you may not see your deposit again.
You seem to be in the very worst of situations with no address, no proof she was the owner and no response to your emails.
Do you have anything more than a verbal agreement on the sale? Was the deposit taken on the understanding that it was returnable?

But, stranger things have happened. It is holiday time. Perhaps your seller is not about at the moment.
 

Norman_E

Well-known member
Joined
15 Mar 2005
Messages
24,638
Location
East Sussex.
Visit site
Only if the lien has been granted by the court (usually small claims) otherwise it may be misleading the marina who would probably want proof anyway.

The boat is not in the UK so UK rules don't apply. The OP put a deposit on it and can quite reasonably ask the marina for details of the owner, and tell them that it should not be allowed to be moved from the marina without his agreement. Once the marina know there is a dispute over it they will be wary of letting it go.
 

Birdseye

Well-known member
Joined
9 Mar 2003
Messages
28,173
Location
s e wales
Visit site
I gave a £700 deposit, bank draft in the owners name, but decided not to proceed following a close inspection of the internal keel joint.
We exchanged a few emails on the subject but no response to my request for the return of the deposit.
As this was a private sale I,m a bit concerned that, despite her initial emails expressing regret that the sale had been unsucessful, no word since early early July regarding the deposit.
I,v nothing in writing except the emails but these do reflect the agreement that the sale was subject to a satisfactory inspection.
Any advise?
I,v since competed the purchase of a boat in the same marina and maybe this has caused offence though this took place after I had advised my decision not to proceed.

Normally in law a deposit is not refundable unless the contract says so. Does your contract say so? Mind you your deal is subject to spanish law anyway so who knows what the rules are
 

Colvic Watson

Well-known member
Joined
23 Nov 2004
Messages
10,868
Location
Norfolk
Visit site
Embarrassingly I don't have an address as I met the lady at the boat and conducted our buisness face to face.
The deal was done in Spain, shes English and I,m Irish so lots of issues for any legal action.
You would think I,d know better.

No ofence intended as I've made bad mistakes but that is quite a litany of problems you've created for yourself there. You need to emotionally write that £700 off because you've made it extreeeeeemly difficult to actually get it back.
 

Daydream believer

Well-known member
Joined
6 Oct 2012
Messages
20,069
Location
Southminster, essex
Visit site
I do not understand why anyone should pay a deposit in the first place.
If you then pull out of the sale you forfeit the deposit
I never quite understand the "deposit subject to survey" bit.
Why not get it surveyed then proceed with the purchase
Especially so with a foreign sale
boats are hard to sell so the chances of it going to another buyer - assuming you get your finger out- are not that high as the other buyer would presumably want a survey as well
But if you wally about then you might miss out for wasting the sellers time in which case that is your fault, but you have not risked the deposit
 

PhillM

Well-known member
Joined
15 Nov 2010
Messages
3,977
Location
Solent
Visit site
No ofence intended as I've made bad mistakes but that is quite a litany of problems you've created for yourself there. You need to emotionally write that £700 off because you've made it extreeeeeemly difficult to actually get it back.

+1 go sailing and forget about it. You say you completed on a boat in the same marina. If you happen to see the owner in the marina, have a polite word. Life is too short.
 

robertj

Active member
Joined
13 May 2007
Messages
7,314
Visit site
You need to find out where she lives, , you can sue her where the deal was done or where she lives, also tracking her down may have a sobering effect on her. is the 700 a large part of the purchase price, put her details on here perhaps someone will be able to provide her details from the description of the boat etc.. just tell the truth and you should be ok as regards defamation etc, have you contacted bank they might tell you where the draft ended up....

Putting details on here will have the Mods removing it as happened to me when a chap in topsham Mis sold me a mainsail and I put his name up.
 

SimonA

Active member
Joined
29 Nov 2004
Messages
1,935
Location
Northamptonshire
Visit site
Legally deposits are refundable, retainers aren't. I know this because I run a business that takes deposits and I have to call them retainers in my contract to get around the issue of having to refund them If the customer cancels.
 
Top