What to do if the buyer of a private party RV sale saysthat they are calling the police if I don’t return their deposit?

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What to do if the buyer of a private party RV sale saysthat they are calling the police if I don’t return their deposit?

Can they make this a criminal matter? They sent me $300 deposit. Then they drove to buy it in person. I stated it was nonrefundable and towards the purchase price. They changed there mind and started complaining about very minor things and now they are threatening to call police if I don’t return deposit. I held it for 5 days and told others it was sold and got it ready for them to view put gas in it, etc. I feel they wasted my time and I lost sales from other buyers and do not need to return deposit. Do I have to return and what would the police response typically be to there complaint?

Asked on October 29, 2012 under Bankruptcy Law, Oregon

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

This is a civil case; not a criminal case.  There won't be any response from the police.  The prospective buyer might file a lawsuit in Small Claims Court to try to recover the deposit, but should not prevail because the buyer was informed that the deposit was non-refundable.  It would have been preferable if that non-refundable statement had been in writing.  You can also claim that your basis for retaining the non-refundable deposit is that you lost potential sales to others by holding the RV for this particular buyer, who subsequently backed out of the transaction.


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