Can deposit be re-funded?

[Penghanyut]

Hello peeps,
I've got an enquiry about deposit when selling a vehicle.
Hope you guys could help.

The scenario is like this.
I advertised a car for sale in Mudah.com and one dude came and view the car (even test drove it) and decided to purchase the car. So he gave a RM500 deposit. After I've done the inspection, that dude decided to pull out and requested for a refund. As we all know, deposit are normally non-refundable...else whats the point of putting a deposit, right?

That dude is threatening me by wanting to take this case to the tribunal. So any clues who will win? Need advice from those familiar with the buying and selling law.

P/S : There is no black and white on the deposit. All based on word of mouth only. I collected the deposit on 15th Dec 2010 night and I'm giving him until this Friday 24th Dec 2010 to pay up or else the car will go to another buyer (this also got no black and white).

Thanks in advance!

 

[sarutobi84]

you can do the same to him(sue him) as you already done inspection prior to his agreement.if he cancel means he already breach his promise and you have lost your potential customer which may interested to your car earlier,just say you already pay the runner rm400 and you can pay him back rm100.
win win solutions la.

 

[hon_cs]

if he pulled out, confirmed you take all his deposit even though no black and white doc. complain to tribunal? lol. what a cheap fag he is. for your case, i dont think the officer will layan him.

 

[kumar22mostwanted]

without black and white or any sort of evidence nothing can be proven
so im pretty sure the guys at tribunal wouldnt really take note
but yeah deposits are meant to be non refundable

 

[DanzEterna]

at least give him back 50%, the other 50% is for the inspection,time, petrol & toll to puspakom.

 

[arturo]

agreed with Danz...should have stated up front that if deal doesnt go thru, deposit is fofeit tho...

 

[Penghanyut]

Hello sifus,
Thanks for the replies.

sarutobi84,
I have given him a lot of chances. He said he wants to bail out. I'm ok with it IF he could find another buyer for the same price, in which, I will return him the deposit.

kumar22mostwanted,
That guy has reported to the tribunal I think. He sms-ed me today asking where to post the tribunal notice to (as he doesn't know my address). Well, we'll see how things go from now.

DanzEterna,
Hey bro, I'm pretty sure you're quite familiar with this tribunal thinggy, as I've follow through your case with the workshop. Anyways, that guy has filed a case (I think). So wanna ask what is the procedure like? Do I have to attend to court? (No issues with that, just wanna get prepared)

arturo,
Your point of view is quite true also..but I did not state that the deposit is refundable though :) I believe in general understanding, deposits are non refundable, unless theres some issues with the seller (which in my case, the car is all ready to be handed over)

 

[DanzEterna]

u no need to attend court bro. its a tribunal similar to court case.
once the hearing is fixed u may need to go to The Mall in KL, its at 16th floor kot something like that. dun worry. once u get the letter the address is stated there.

once u reach there u need to register at the counter 1st. bring yr ic......then u need to proceed to another room. u wait there with other ppl that file their cases as well.

the most important are reciepts. do u have puspakom reciept? toll? petrol during the day u went there? at least u have a chance to claim those. although u got no black & white its a bit difficult as your transaction is only verbally.

somehow, u could either settle it outside.

the tribunal might also consider u pay the buyer the money, not all but maybe at least half. or maybe 70%.

all u need to prepare is all related documents, as mentioned above.......the reciepts.

my suggestion as parking is expensive, u could take LRT, stop at PWTC. just 5min walk over to the mall, as its just next door.

prepare yr speech.......