Legal Question in Consumer Law in California

Rights of a seller regarding a deposit.

I accepted a deposit for the purchase of a RV. The prospective buyer informed several potential buyers she was purchasing the RV. Both the seller and buyer signed an agreement which reads: Received a $500.00 deposit towards the purchase prise of $2300.00 for a 1980 Dodge Motorhome Lic #---. The balance will be paid on 8-18-03. The seller turned down an offer to purchase which was made later in the day of the receipt of the deposit. The purchaser confirmed the intent to purchase on 8-18-03 in the morning. An agreement to bring to RV to the seller at 5 p.m. on the 18th which would entail taking two hours of vacation time. At 5 p.m. the seller called the buyer to cancel the sell. What rights does the seller have in regard to the deposit? Can the seller keep the deposit? Can the seller use this money to pay for new advertizing?


Asked on 8/20/03, 12:56 pm

1 Answer from Attorneys
Alvin Tenner Law Office of Alvin G. Tenner

Re: Rights of a seller regarding a deposit.

Unless the contract says deposit is not refudable, you have to give it back. However, you can ask the"buyer" if you can keep some of it for expenses. Or, you can sue buyer later in small claims court.

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Answered on 8/20/03, 1:58 pm


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