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 Pulling off from private vehicle selling

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Sycamore
post May 30 2023, 11:47 AM

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Joined: Jun 2015
From: underneath the grove of sycamore
QUOTE(oec88 @ May 30 2023, 03:19 AM)
Let's say I am selling my own private vehicle and one buyer paid deposit to me with the agreed price. Due to personal reason, I want to keep this car again from selling and willingly to refund full deposit amount to buyer.

Will this brings any issue to me afterward? Legally, I am the owner of the vehicle on paper still.

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Let’s say nothing was signed, and everything just communicated through social media platform. Whatever agreed was buyer pay deposit to reserve vehicle, while seller performs loan clearance, inspection and wait for inspection outcome. If the deal is unsuccessful from buyer side, amount from deposit will be deducted for inspection fee and the rest will be returned. Now seller is not able to sell vehicle and willing to return full deposit to buyer.

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Social Media platform, voice + text.

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With the conversation in place between seller and buyer, buyer also did not state any TnC toward seller if deal fails but agreed with seller that deposit is refundable (seller offered refundable deposit process upon deal failure).

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From what I read from internet and shared experience, the word used within the deal is also important.
Deposit and down payment are different meaning. While "deposit" was used within the deal.

Deposit - I am interested, I pay deposit to reserve then we further discuss until full deal stage.
Down payment - I am firm buying this hence I am paying partial amount of the selling price and to clear off remaining balance upon receiving goods.

Feel free to correct and share input on these two statements.

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Kind of puzzle me because:
Seller call off deal and refund deposit to buyer, many said buyer can sue seller even deposit is refunded.
Buyer call off deal and receive deposit from seller, can seller sue buyer for being joy buyer?
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1. I found there is binding agreement from your description of fact. Even verbal agreement is binding. What more you left voice and text trace in social media.

2. You are right there are two kinds of "deposit payment". One is "earnest deposit" to show you are serious with the transaction, the other one is treated as "part payment". However, in a lot transactions in Malaysian context, "deposit payment" is both earnest deposit and part payment. I found this true in your case where you think it is only earnest deposit, however it works to offset part of full payment too.
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3. Theoretically the buyer can sue for damages in the court. You already have contract with him but failed to perform at the last minute. In reality Malaysian won't go to that extent. But if you are dealing with angmoh or living in angmoh country, good luck.

4. Yes you can sue "joy buyer" for damages but nobody will go to that extend. However I dont know what do you mean by "buyer receive deposit from seller".

 

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