Legal Question in Credit and Debt Law in Pennsylvania

Does the money need to be paid back?

I got married in PA 8/11/07, but live in FL. Items were left from my wedding that I wanted to sell. In PA I met a waitress who was interested in purchasing the items. We were asking $450 for everything. She said she could not afford to pay for it in one lump sum, could she split it into 2 payments, one prior to us leaving and another in 2 weeks when she would be paid again. We agreed to that, and prior to us leaving she paid $120 of the amount. I was able to leave the items in my Mothers home, assuming that once the payment was received in 2 weeks, that the items would be picked up. As of 9/1/07 my mom has been renting her home. The items are still there, only $166 in total has been paid for the items. On 12/21/07 I received an e-mail from the girl stating she no longer wanted the items. I have to remove these items as the tenets are getting less and less patient that they are in their home, and now have the expense in shipping them to FL, to sell them here. The items would have been brought back to FL in August had she not made the commitment. I was going to use the $166 to cover the expenses due to the negligence of payment. However she is demanding a full refund. Am I legally obligated to give her a refund?


Asked on 1/05/08, 3:30 pm

1 Answer from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Does the money need to be paid back?

You asked about providing a refund for a reneged purchase.

Generally a seller is under no obligation to refund a down payment when the purchaser reneges on an agreement.

A down payment is just that. A payment to assure the ultimate completion of the transaction. You need to provide the person a date certain within which to complete the transaction after which you will consider the sale incomplete and the deposit forfeit.

She could sue, but she will need to get personal jurisdiction over the defendant and she will need to prove that she was entitled to a refund.

Regards,

Roger

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Answered on 1/05/08, 5:21 pm


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