Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
Was it ever discussed the deposit would be returned? Have you raised a dispute through Paypal please?
No the deposit was never discussed other than the Seller asked for 10% as a gesture of good faith and intent to purchase.
I did say I approached both ebay and paypal. I raised a case with paypal but they ruled against me because a Static Caravan is categorised as Real Estate and anything in this category does not qualify for their refund scheme as I have already stated.
i offered in writing to pay botheebay and paypal fees incurred as a gesture to ensure the Seller was not out of pocket.
The Seller has a residence in UK and I have this address.
I agreed to pay the deposit on the terms he asked for wghich were to ensure that I was serious about the purchase but they did n ot preclude me from not completing as I said in my email.
In my unlearned view, this is quite specific and not related to any other terms. Therefore, the issue seems to revolve around the interpretation of "deposit" in these circumstances. Of course I would not have paid anything had it been retainable.
I need the legal definition of "deposit" for goods not seen where it is agreed that they are to be seen before completing a purchase. To me quite clearly a deposit is only relevant where a transaction is completed not where it is not and where it has been provided as "good faith and intent to purchase" rather than offset against an already agreed purchase. The purchase was not agreed and was subject to confirmation on visit and inspection upon which it was clear to me that the item was neither what I expected nor fit for my purpose.
I did not agree to contract. I agreed to visit to confirm a decision to purchase based on inspection of the item. There were no terms specified regarding a deposit or anything else. Clearly i would not pay a non refundable deposit if I was planning to withdraw. This was not a contract at this stage. In ebay's definition a bid or offer for a Real Estate item is to demonstrate good faith and intent to purchase and that is what I demonstrated. So my payment was not a deposit against a contract but a gestuire i poof good faith in response to the Seller's request to show that I was serious.
I agree that if you buy someting and pay a deposit and then withdraw, then the Seller has the right to keep the deposit- he may not but I would understand this situation. This is not the case here.
There was no guarantee of completion either expressed or implied. My emails and his response quite clearly show this so I fail to see how it could be construed that a contract was in place.
No, I think with respect I followed ebay's rules which clearly state that my opffer was not an agreement to purchase but an indication of good faith and intent to purchase. Not the same thing at all.
And thast offer was subkeject to personal inspection as agreed by the Seller and subject to confirmation.
On ebay's terms
I don't see it but clearly we are getting nowhere and therefore I can see no point in trying to convince a Judge if you do not agree that there was no contract in place and for the life of me I cannot see how it could be interpreted that there was. How can an offer that is specific to ebay's terms of offers be construed as a contract when clearly there is no agreement to purchase.
Yes that is my interpretation as I said that ebay policy on real estate items was not binding and was cosidered a gesture of good faith and intent to purchase. I have previously read the ebay T's and C's which ius why I made the offer in the first place because I knew it was not binding.
Ebay have advised me that they advised the Seller the refund the deposit and offerd their assistance if I pursued a Police course for recovery. They were not prepared to do anything else and this matter did not quality for their refund claim process ( naturally).
Do you now think that I should pursue a claim through the Small Claims Court?
Can I clarify anything for you about this today please?