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Jenny
Jenny, Solicitor
Category: Law
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We sold a trailer in August and the guy paid a deposit only.

Resolved Question:

We sold a trailer in August and the guy paid a deposit only. He still hasnt collected it and we barely have any contact from him. We emailed and told him he had to start paying storage which he agreed, but still hasnt paid any more money or collected. Can I keep his deposit and resell the trailer?
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today. Did you have any written agreement with him and is this a private sale?
Customer: replied 2 years ago.
No its not a private sale . He had an invoice from us on 11th aug for £2100 INC VAT and paid a deposit OF £750 on 24th and nothing else since ! Our sales invoices dont actually have a payment date on them because we obviously retain the goods until full payment is received. We have dealt mainly on email and have reminded him politely , and also told him a while back he will have to now pay storage charges on top of the balance which he has agreed to , then he disappears again. He asked us to deliver and we gave him a quote , then nothing again. I want to know if I can retain part of his deposit for storage and resell the item
Expert:  Jenny replied 2 years ago.
Does your terms of sale say the deposit is refundable in any circumstances?
Customer: replied 2 years ago.
No. Our invoices are quite simple in design and to be honest we very rarely have any issues and have never had a problem where someone pays a bit and then doesnt collect before !
Expert:  Jenny replied 2 years ago.
Hi if he was told that it was a deposit and he does not go through with the purchase you can retain the deposit and sell the trailer to someone else. It is probably worth giving him one further opportunity to finalise the sale if you want to maintain good relations going forward. If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Customer: replied 2 years ago.
I have emailed him telling him if its not collected by the end of december I reserve the right to retain his deposit as storage costs and resell. I think this is more than fair bearing in mind he bought it in August ! I have also given him 7 days to reply and agree a date to pay all outstanding money on the purchase including storage which has been added on and that I will not send any further communication to remind etc. So you think I can legally resell the trailer and retain his money if this doent get sorted by the end of the year ?
Expert:  Jenny replied 2 years ago.
yes. If he was told it was a deposit and he does not complete the purchase then legally you can retain the deposit and sell the trailer. You have been clear that that is your intention and there is no requirement for you to hold the dposit and trailer indefinitely.
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Customer: replied 2 years ago.
thankyou