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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69793
Experience:  Over 5 years in practice
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I took a depoist of £5000.00 for a sell of a boat but they

Resolved Question:

I took a depoist of £5000.00 for a sell of a boat but they change there mind do I have give the depoist back
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What loss have you suffered bearing in mind you still have the boat to sell?
Customer: replied 2 years ago.
I toke a fight out to Spain for a week in December wich was to close to Christmas .i also had to pay the mariners to take the boat out to give them a tril run
Expert:  Jo C. replied 2 years ago.
But that was before they agreed to buy I presume?
Customer: replied 2 years ago.

No they said they wanted the boat they paid the depoist so I would not sell to someone else

Expert:  Jo C. replied 2 years ago.
Yes, but the showing of the boat and the trip to spain was before they agreed? Otherwise what was the point of it?
Customer: replied 2 years ago.

The point of me going to Spain was to do the paper woke .yes there was a small problem with the boat but we came to argument that I would sort out the problem and he would paid the insurance which is due on 31 January 2015

Expert:  Jo C. replied 2 years ago.
Thanks.
They are in breach of contract but you still have the boat to sell. You only have a claim for the sum of your losses in breach of contract.
The insurance would have been due this month anyway I presume so that cannot be claimed I am afraid.
You could probably deduct the sum of the flights to Spain on the basis that was loss caused by their breach.
Otherwise though, you would have to return the deposit I'm afraid unless you can show that there are specific losses arising from their breach.
Sorry if that is bad news.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69793
Experience: Over 5 years in practice
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