Buyer open paypal dispute for NON REFUNDABLE deposit???

#61
pot_luck said:
I understand that she agreed to the nonrefundable down payment. I would still want something back. Whether I got it or not. I would still want it back. IMO there really is no need for the seller to keep the deposit. She isn't out of any money- she didn't loose money on fees or anything. Seriously though, who wouldn't want their money back? Raise your hand. :biggrin:You may not be entitled to it back, but I am sure you would want it.
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Whilst i completely agree with the principle that the buyer should not receive back the deposit, i feel this comment has been jumped on a little unfairly. All pot_luck (i think!) is saying, is that whatever your opinion regarding who's right or wrong, if you lost out on a $200 deposit you're not just going to go, oh well, that's gone then - i would definitely try and ask the seller if i could have it back - if she was very resistant well then i would suck it up but for me there's no harm in trying.

I'd like to point out something that the OP said on the first page of the thread:

"if she could have be honest tell me she changed her mind and communicate with me during the whole situation, i would be more than happy to refund her deposit right away.
there are principal for everything, she can't always get her way, she have to learn her lesson and perhaps start to be honest and humble?"

So really here, we're talking about the lack of communication from the buyer - OP, were there other buyers interested? If someone had come along and offered to pay upfront immediately - are you positive you would not have reneged on the deal before the buyer did? O.k, yes it's speculation but if i were you, i would offer half back - $100 is more than enough imo to compensate you for your time and energy considering lots of us spend more than that on Ebay fees just trying to sell one bag.

Everyone has their opinion, the potential buyer does not appear to have behaved appropriately and has broken the contract, she should not be allowed to get off scot free - however, if she'd just communicated properly in the first place, this mess might never have happened....
 
#63
They entered into a valid option contract. An option is an agreement to hold open an offer for a certain amount of time (i.e. not sell it to someone else) in exchange for consideration - here, money. The person is not entitled to her money back if she chooses not to exercise the option (buy the bag). End of story.
 
#64
THANK YOU all ladies for your input.

latest update ;

received email from paypal claim department this morning, currently are still waiting buyer action (respond to the claim), i think buyer have to respond in 10 days? if she choose not to respond paypal will automatically rule in seller favor.
 
#65
SOLIDGOLD2 said:
I wouldnt refund the money next time the buyer shouldnt agree with something if she isnt going to go thru with it

OP can you PM the buyers ebay id so i can block her and her id on tpf
thanks
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i didn't mean next time with this particular buyer, i meant if you are going to charge a non-refundable deposit, if you have future buyers send money orders, they can't fight for it back if they get remorse.
 
#66
i wouldn't know if there were buyers interested in this bag because i took it off from the listing


sianii11 said:
Whilst i completely agree with the principle that the buyer should not receive back the deposit, i feel this comment has been jumped on a little unfairly. All pot_luck (i think!) is saying, is that whatever your opinion regarding who's right or wrong, if you lost out on a $200 deposit you're not just going to go, oh well, that's gone then - i would definitely try and ask the seller if i could have it back - if she was very resistant well then i would suck it up but for me there's no harm in trying.

I'd like to point out something that the OP said on the first page of the thread:

"if she could have be honest tell me she changed her mind and communicate with me during the whole situation, i would be more than happy to refund her deposit right away.
there are principal for everything, she can't always get her way, she have to learn her lesson and perhaps start to be honest and humble?"

So really here, we're talking about the lack of communication from the buyer - OP, were there other buyers interested? If someone had come along and offered to pay upfront immediately - are you positive you would not have reneged on the deal before the buyer did? O.k, yes it's speculation but if i were you, i would offer half back - $100 is more than enough imo to compensate you for your time and energy considering lots of us spend more than that on Ebay fees just trying to sell one bag.

Everyone has their opinion, the potential buyer does not appear to have behaved appropriately and has broken the contract, she should not be allowed to get off scot free - however, if she'd just communicated properly in the first place, this mess might never have happened....
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#69
sorry i didn't update this thread had been busy :shame:

paypal favor seller and here are some of the email content from paypal claim department;

According to the User Agreement, Paypal's Buyer Complaint Policy applies only to the shipment of goods and not to services and other intangible goods. For that reason, we are unable to take any action regarding this complaint. We encourage you to work directly with the buyer to resolve this issue.

My witholding fund was released back to my account :smile:

IMHO for those seller/buyer who planning on placing deposit, please think twice before making decision as deposit is another form of business transaction and both sides should come to an agreement for example, amount of deposit and durantion of the deposit to avoid any future misunderstanding/misleading situation. JMHO
 
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#72
sianii11 said:
Whilst i completely agree with the principle that the buyer should not receive back the deposit, i feel this comment has been jumped on a little unfairly. All pot_luck (i think!) is saying, is that whatever your opinion regarding who's right or wrong, if you lost out on a $200 deposit you're not just going to go, oh well, that's gone then - i would definitely try and ask the seller if i could have it back - if she was very resistant well then i would suck it up but for me there's no harm in trying.

I'd like to point out something that the OP said on the first page of the thread:

"if she could have be honest tell me she changed her mind and communicate with me during the whole situation, i would be more than happy to refund her deposit right away.
there are principal for everything, she can't always get her way, she have to learn her lesson and perhaps start to be honest and humble?"

So really here, we're talking about the lack of communication from the buyer -
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First of all, CONGRATULATIONS OP
You get to keep the deposit, as I feel you should.

Secondly, I have been reading this thread but trying to keep my opinions to myself, but.......... if I am reading this right :

The buyer suggested putting the bag on hold with a deposit, which the OP agreed to do
Then when things didn't go her (the buyer's) way, she evidently suggested that only an "idiot" would agree to paying a non-refundable deposit, (what, did OP "make" her pay it?), threatened to "report to the auction sites", and threatened to "post it all over tpf".....(hellooooooo, where are you???)

Then buyer opened a claim.

I have to say, I am as much, if not more, of a softie as anyone else here, but that would have totally killed it for me.

I only have one more comment regarding lack of communication:

it is just beyond my realm of understanding how ANYONE in these times can be so "difficult" to reach ~ internet is EVERYWHERE ~ ppl have Blackberries, iphones, internet access everywhere you go, how is it even within the realm of believability that you are "not receiving" multiple messages...... oh, yeah, you only receive them when you are interested in buying and paying a deposit, but not the ones asking you "purchase the item and close the deal" ~ oh, yeah, I forgot, too upset over dh losing his job (awhile ago?)

And that leads to the real issue, which I feel is what really happened here.
OP had stated that if the person had been honest, humble and communicative, she would have probably gone ahead and refunded the $$$ anyway, and I for one, believe her.

sorry, just venting I won't do it again for awhile
 
#73
I'm glad they ruled in your favor and you got to keep the cash. This is should be a lesson for people, make your decisions carefully and stick to your agreements :smile:
 
#74
uab*mom said:
First of all, CONGRATULATIONS OP
You get to keep the deposit, as I feel you should.

Secondly, I have been reading this thread but trying to keep my opinions to myself, but.......... if I am reading this right :

The buyer suggested putting the bag on hold with a deposit, which the OP agreed to do
Then when things didn't go her (the buyer's) way, she evidently suggested that only an "idiot" would agree to paying a non-refundable deposit, (what, did OP "make" her pay it?), threatened to "report to the auction sites", and threatened to "post it all over tpf".....(hellooooooo, where are you???)

Then buyer opened a claim.

I have to say, I am as much, if not more, of a softie as anyone else here, but that would have totally killed it for me.

I only have one more comment regarding lack of communication:

it is just beyond my realm of understanding how ANYONE in these times can be so "difficult" to reach ~ internet is EVERYWHERE ~ ppl have Blackberries, iphones, internet access everywhere you go, how is it even within the realm of believability that you are "not receiving" multiple messages...... oh, yeah, you only receive them when you are interested in buying and paying a deposit, but not the ones asking you "purchase the item and close the deal" ~ oh, yeah, I forgot, too upset over dh losing his job (awhile ago?)

And that leads to the real issue, which I feel is what really happened here.
OP had stated that if the person had been honest, humble and communicative, she would have probably gone ahead and refunded the $$$ anyway, and I for one, believe her.

sorry, just venting I won't do it again for awhile
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Couldn't have said it better myself. ;)
 
#75
uab*mom said:
First of all, CONGRATULATIONS OP
You get to keep the deposit, as I feel you should.

Secondly, I have been reading this thread but trying to keep my opinions to myself, but.......... if I am reading this right :

The buyer suggested putting the bag on hold with a deposit, which the OP agreed to do
Then when things didn't go her (the buyer's) way, she evidently suggested that only an "idiot" would agree to paying a non-refundable deposit, (what, did OP "make" her pay it?), threatened to "report to the auction sites", and threatened to "post it all over tpf".....(hellooooooo, where are you???)

Then buyer opened a claim.

I have to say, I am as much, if not more, of a softie as anyone else here, but that would have totally killed it for me.

I only have one more comment regarding lack of communication:

it is just beyond my realm of understanding how ANYONE in these times can be so "difficult" to reach ~ internet is EVERYWHERE ~ ppl have Blackberries, iphones, internet access everywhere you go, how is it even within the realm of believability that you are "not receiving" multiple messages...... oh, yeah, you only receive them when you are interested in buying and paying a deposit, but not the ones asking you "purchase the item and close the deal" ~ oh, yeah, I forgot, too upset over dh losing his job (awhile ago?)

And that leads to the real issue, which I feel is what really happened here.
OP had stated that if the person had been honest, humble and communicative, she would have probably gone ahead and refunded the $$$ anyway, and I for one, believe her.

sorry, just venting I won't do it again for awhile
Click to expand...
ITA, good post!
 
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