Legal Question in Business Law in Washington

Re: Deposit on camera equipment

I'm assuming this is a private seller (perhaps an acquaintance?) and not a retail seller. (If this is a retail seller, some consumer protection laws come into play, but this behavior would be very much out of character for a retailer.)

If this is an EBay transaction, check what the prevailing rules are on EBay. Those become the basis for your contract.

Otherwise, it would seem that you and the seller have formed a contract, the seller has breached, and the disagreement is over what remedy the seller must provide. The seller wants to put you back to the position you were in before the contract by returning your deposit. You want to be in the position you would be in if the seller followed through. You want to be able to have that camera.

I am assuming you cannot find this camera somewhere else for the same price you negotiated with the seller. (If you can, get your deposit back and buy somewhere else.) If you can get this camera, but at a higher price, perhaps you and the seller can negotiate that seller will refund you the deposit plus the difference?

If the amount at issue is over $250 but not more than $4000, you can take it to small claims court, but after your trouble, you might only walk away with your deposit back, especially if it is difficult to prove any of the key terms of the agreement.

One more practical thing to bear in mind: if this is a private seller and you push him or her legally until the seller relents and sells you the camera, you might find that somehow the camera doesn't work properly when you get it. I know nothing about the seller and so cannot say that this would happen for sure. But you might really be better off just getting your deposit and walking away.

Good luck.