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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70206
Experience:  Over 5 years in practice
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I have received £220 as a deposit on a boat I am selling. The

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I have received £220 as a deposit on a boat I am selling. The boat yard it is in wants me to introduce him but he will not come along and just wants to ring them up. He wants me to meet him between 6pm and 6 30pm to give me £1980 for the boat. The boat yard locks up at 6pm.I have no where secure to count the money and he as insulted, me he wants to check the boats intinery before he gives me the money implying he thinks I will take off something that was part of the deal, I also think I have sold it to him to cheaply and want to return his deposit and seek another buyer. Can I do this or can he take me to court.
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.
Is it particularly unique?
Can he find a comparable replacement?
Customer: replied 2 years ago.

yes

Expert:  Jo C. replied 2 years ago.
Yes, he can find a comparable replacement or that this is unique?
I suppose no boat is ever unique but is it very individual?
Customer: replied 2 years ago.

yes he can find a comparable replacement

Expert:  Jo C. replied 2 years ago.
Thanks.
You are locked into a contract and there is no way around that.
However, if you do breach it by refusing to complete then he only has a limited number of remedies. He can't force you to complete. There is a doctrine of specific performance but that only applies when the goods are literally unique - like the sale of a specific animal for instance.
What he may do is purchase elsewhere and then sue for the difference if he has to spend extra. Of course, the reality is that he will not but that is the worst case scenario.
Even if he does do so, he will have to prove that he took steps to mitigate his loss which is usually difficult. With things like boats and cars it is always possible to make a distinction between two types of examples so it is not likely he could claim from you in practice.
Can I clarify anything for you?
Jo
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