Issue on whether a deposit is refundable...?

Issue on whether a deposit is refundable...?

Postby JeffKan1 » Thu Oct 21, 2010 7:42 am

A small building is owned by a woman and she sells snow cones out of it. It's big enough for 2 workers to stand in, so it's small. It sits on a trailer. She advertised it for sale, $6000. I was interested, told her I needed to see if I could find some people to borrow the money from. Banks were not an option. I offered to give her $300 as a deposit. It was to hold the shack until I let her know if I could come up with the money. Approximately 2 weeks later, I let her know that I couldn't get the money. A week after that, she took $1000 off the $6000 asking price and offered it to me for $5000. I said sorry, don't have the money. Two months later, I asked about the $300 deposit. Long story short, seller doesn't want to give it back to me. Spoke with her on phone, mentioned small claims court, she immediately offered $150, half of it back. I said sorry, I need to stick by my guns on this.

So... will a judge view the deposit as refundable? Thanks!
Hi Lynda, thanks so much for your answer! She always claimed she had potential buyers, but even a week after I said I couldn't come up with the money, she reduced the price to sell it to me. The claim that she had potential buyers, to me, was just an attempt to get me to buy the shack. I believe she was lying, and never had anyone else interested. In fact, while I was trying to find investors, she mentioned that she had other potential buyers, and I told her to go ahead and talk with them, don't let them get away. Trying to be impartial, but I just don't see how I kept her from selling the shack to someone else.
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