Scots Law
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I understand you have verbally agreed to sell your car and the buyer, who paid in full, now wants a refund. I am right to assume this is a private sale?
OK I understand and thank you for providing this information. Please do not worry and leave it with me for now. I will get back to you with my full reply on here; usually the same day. The system will notify you when this happens. Many thanks.
No problem at all. I will get back to you at the earliest opportunity. Many thanks
Many thanks for your patience, it is appreciated. I am now pleased to be able to provide further assistance with your query. First of all, I am sorry to hear about the issues brought up by this. It must be a frustrating situation to be going through.
Your argument here would be that the sale was indeed final and that a legally binding contract has been created. Therefore, by backing out of the sale, the buyer is acting in breach of contract. As you have his funds, you can hold on to these for now and make it clear that the car is either available for collection, or you can still proceed with delivering it as originally agreed.
As you cannot force him to take the car, you need to decide whether to actually deliver it and leave it at his premises, or keep hold of it until this is resolved. The first would be riskier as the car may not officially transfer in his possession and if anything happens to it he can try and hold you liable as he had not accepted delivery.
Also be advised that there is nothing stopping him from making a court claim to try and recover the money he paid and whilst you have a defence, you still have to deal with the inconvenience of dealing with the whole process.
Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.
That is indeed possible although you have to try and minimise such losses. For example if you can buy a similar species car elsewhere without losing as much money, but if that is not possible then you can deduct it
I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.