Deposit return

Questioner

large static caravan sold buyer wants deposit back (€500,-) We have already cancelled other buyers She could leave him at another campsite, but that is 40 minutes from her work and she thinks that is too far. In our opinion there is no reason to cancel the sale, and if she wants to do so, she will (in our opinion) lose the deposit in any case. is this correct?

Lawyer

It also depends on whether you sold the caravan as a private individual or as a business (in the latter case, a consumer may revoke the agreement). A down payment may legally (usually) amount to a maximum of 50% of the total price. Because there are no further legal rules attached to a down payment, it is about what the parties could expect from each other. An example can be found in the case https://deeplink.rechtspraak.nl/uitspraak?id=ECLI:NL:RBOVE:2016:655. This case involved two companies, but the judge ruled that the down payment did not have to be repaid. So it depends on what exactly was discussed/agreed (is there anything on paper/whatsapp/email) and what you both expected from the function of the deposit. You can contact me without obligation via my profile if you have any questions or wish to discuss the matter.

Questioner

Dear Dennis, I do have an additional question; nothing else has been clearly put on paper, and it concerns a private transaction. the buyer only responded after 10 days. We have also cancelled people for this (they have already found something else. We also have this in Chat.) The buyer can park the caravan at another campsite, but that is 40 minutes from her work and she thinks that is too far. In our opinion, this is not a (valid) reason to refrain from selling and she could probably even be obliged to accept the purchase or pay damages?

Lawyer

A purchase agreement can also be agreed upon verbally and therefore does not have to be in writing with all the provisions. Also e-mail, whatsapp messages etc. count as 'written'. Not only with regard to the down payment, but also for the question of whether a purchase agreement has been concluded. This is the case when an offer has been accepted and agreements have been made about the most important components. Such as the product, the price, possible delivery date, etc. If you have already concluded a purchase agreement, it cannot simply be dissolved without a valid reason. If the down payment was made in the context of an already concluded purchase agreement and not or less in the sense of a 'kind of reservation', you can also see the down payment as a first instalment of the purchase price.