Refund deposit

Questioner

As a private individual, I offered my car for sale. A company wanted to buy the car. He offered to make a down payment of €250. He also indicated several times by voice memo and WhatsApp that he wanted to buy the car. I rejected other buyers, and the advertisement (paid by me) was also removed. Upon arrival, the gentleman did not want to buy the car anymore. (His words: in my experience, the car is not sufficient to buy it.) The car was delivered entirely as advertised, no hidden defects, etc. We also did not draw up or sign an agreement or anything like that. Not for the purchase and not for the down payment either. Am I now legally obliged to return the down payment?

Lawyer

There are a number of things that play a role in the story you are telling. The first is that it seems as if a verbal agreement (purchase agreement) was reached between you and the buyer. From your story it appears that the buyer showed clear intention to buy your car and even offered a down payment. A verbal agreement is in most cases just as legally valid as a written agreement. The fact that the buyer subsequently decided not to buy the car after all, can be seen as a unilateral termination of the contract. In that case, you could argue that you suffered damages by rejecting other buyers and removing your listing, and the deposit could be used to compensate for those damages. However, the exact legal situation can be more complex in practice and depends on various nuances. I must therefore expressly state that this is only an initial assessment based on the information provided and that no rights can be derived from it. I strongly advise you to seek legal assistance from a lawyer or legal advisor in order to better assess your specific situation. ' ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer I would like to invite you to rate the above answer so that we can learn from your response.