Customer backs out of purchase, should I return the deposit?

Should I return the deposit

  • Yes, full and immediate return

    Votes: 67 34.0%
  • Yes, partial or full based on final sale

    Votes: 28 14.2%
  • No

    Votes: 89 45.2%
  • Other (see post)

    Votes: 13 6.6%

  • Total voters
    197
I think you already know that no matter what you tell him in regards to why you aren't refunding his deposit, you're going to be the bad guy in this, in his eyes anyway. He'll either have a bunch of BS excuses of why he didn't get back to you, backed out of the deal, can't afford to lose $100.00, or more likely, and more frustrating, he'll ask "What's the big deal?" Maybe give him the money back, then tell him in a polite way to eff off and never attempt to do business with you again.

In the end though, if you're going to take a deposit, let them know right up front that they will forfeit it if they don't follow through and hold them to it. To me, eight weeks seems like a long time with no movement. Maybe have something written up where they have to make payments in increments to keep the deal going, with a deadline for final payment.
 
I don't pay attention to social media reviews, they're just a sounding board for butt hurt people.

Not any more Mr. Cobra. Online Reviews are the coin-of-the-realm, and are at a minimum consulted before a purchase or service is entered upon.

The Times they are a-changin'...
 
I would start by asking him if he would think it fair for you to have sold the gun to someone else and returned his deposit before he backed out. I bet he will respond by saying “wait, isn’t the purpose of my deposit to ensure you give me the opportunity to buy the gun” and then he’s answered the question as to why he should not get the deposit or anything else back. A deposit is a simple two way business deal - the potential buyer essentially pays $X for an option to acquire the goods and the seller agrees not to sell the goods to anyone else during the option period.
 
Well, here is the REAL QUESTION:

What are YOU going to do Crackpot? He's YOUR customer, and it's YOUR store...
 
We don’t take deposits.

We offer to give them a right of first refusal if/when a customer comes in who is willing to pay.

They get a phone call. If they want the product they answer the phone pay with a credit card and respond with an email to us that they will not do a chargeback on their credit card.

Oh the stories I could tell.

ETA: I’d give the deposit back and never get in this position again.
 
Yes, it is. Of course the OP will have to make that value judgement on his own.

The customer is not always right. And some of them are more of a pain in the ass then they are worth.

-Mike

And, a business is not always right. Since I mentioned in my post that I know nothing about his business, does the business have a requirement to post or notify customers about refunds prior to any transaction using a deposit?

If so, it might be regulated under 940 CMR 3.00 3.12 if leaving a deposit is considered the same thing as a lay away plan (maybe under (1) and (7) below):

3.12: Lay Away Plans It is unfair and deceptive acts or practice: (1) To fail to disclose or to misrepresent in any way the store's policy with reference to a "lay away" plan; (2) To represent to a buyer who is purchasing on a "lay away" plan that the specific goods chosen by the buyer or an exact duplicate of such goods are being laid away for that buyer when such is not a fact; (3) To fail to disclose to the buyer that the specified goods or their exact duplicate will only be set aside for a certain period of time; (4) To deliver to the buyer after payments (pursuant to the lay away plan) are completed, goods which are not identical or exact substitutes to those specified, unless prior approval in writing has been received from the buyer; (5) To increase the price of the goods specified either by way of increasing the payments or substituting goods which are of a lower quantity of price; (6) To fail to deliver to the buyer, on any date payment is made, a receipt showing the amount of that payment and the date thereof, and, upon request, the balance of payments made up to that date; (7) To fail to disclose or misrepresent in any way the store's policy with reference to cancellations and repayment or non-repayment of payments already made, and in case payments are not refunded, to fail to disclose that fact in writing.

https://www.mass.gov/files/documents/2017/09/13/940cmr3.pdf
 
Store credit. Sitting on an item for 2 months with little or no communication isn't fair to you and you might have been able to sell said item. After this set a policy 9n deposits.
 
If there's no written agreement then you have to refund the deposit. Plus he'll be a total dick all over the internet. In the absence of a contract you also can't convert it to credit. Plus by law credits can't expire in Mass if I recall.

This. And that level of bullshit isn’t worth the $100 dollars. Good opportunity to revise policies on deposits and write the terms in Sharpie on the customers foreheads before they leave the shop.
 
I will tell everyone what I do after this dies down.

Some facts I will add based on comments/questions

  • It’s a sig sauer p226 alloy stainless elite in 9mm
  • The gun has been sitting locked up for two months with no advertising
  • It would easily have sold during that time
  • I am a part time by appointment shop, I have no walkins
  • My customer base is now 95% repeat and referrals. I barely advertise anything anymore since I have as much business as I want
  • I don’t care about social media. My customers don’t read it.
  • It’s a new customer who responded to one of my rare ads. He does not represent any future business regardless of my decision.
  • My regulars get all types of special treatment and latitude. I even accept checks from some of them
  • I don’t actually care about the $100, it’s more a question of “what would YOU do”
I was 90% decided on my course of action but have already seen some good ideas to modify my plan with.
 
Is there a posted policy? Or a policy stated on the deposit slip? If so that controls.

If not, what's the value of a customer? You keep his $100 and lose a potential customer forever.

$100 store credit is a good compromise in lieu of a stated policy. If he squawks long and hard give him the $100 and disinvite him from the store.
 
And, a business is not always right. Since I mentioned in my post that I know nothing about his business, does the business have a requirement to post or notify customers about refunds prior to any transaction using a deposit?

Nstassel seemed to indicate that it's a legal issue, and I believe him.

Bear in mind when I had originally posted my response I hadn't considered MassBullshit(TM) as part of said answer. Obviously this changes things as he is obligated by law to do business a certain way WRT deposits etc. But going forward he can modify his practices to comply with the law and not set himself out to be hung out to dry if someone craps out on a deposit.

-Mike
 
I will tell everyone what I do after this dies down.

Some facts I will add based on comments/questions

  • It’s a sig sauer p226 alloy stainless elite in 9mm
  • The gun has been sitting locked up for two months with no advertising
  • It would easily have sold during that time
  • I am a part time by appointment shop, I have no walkins
  • My customer base is now 95% repeat and referrals. I barely advertise anything anymore since I have as much business as I want
  • I don’t care about social media. My customers don’t read it.
  • It’s a new customer who responded to one of my rare ads. He does not represent any future business regardless of my decision.
  • My regulars get all types of special treatment and latitude. I even accept checks from some of them
  • I don’t actually care about the $100, it’s more a question of “what would YOU do”
I was 90% decided on my course of action but have already seen some good ideas to modify my plan with.

I'm small business, I deal with small biz owners ever single day. I would return the money.
Then again I'm a nice guy, and I'll probably never be filthy rich because of it.
You seem pretty content either way...but if you didn't and this crap was pulled often and it got to you, you should probably have a written policy regarding deposits.
If you don't, maybe best to just give it back.
aggrevation gone.
I'm nice, but I can also be a dick and get right on the phone with the BBB and AG's office and make someone pretty miserable.
 
Just give him his $ back, establish a solid policy moving forward concerning deposits and continue to march. If the gun would have sold during the two months it will still sell now. You said you have plenty of business, this issue is not worth the time, effort or energy.
 
As a small business guy myself I Give it back with a smile. Just curious, how do you know he does not represent future business? And how do you know he doesn’t tell his friends how cool you were and that doesn’t generate future business? For a poultry hundred dollars I didn’t exactly dig a deep ditch for in the middle of August I’d keep it positive.
 
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This is a tough one. Keeping it might require that you had a "contract" of sorts that clearly stated deadlines, remedies and penalties established at the time of deposit payment. By not buying the firearm within the contract-specified period, the buyer would have defaulted on the terms of the contract, leaving you, the store owner to enact whatever monetary penalty described in the purchase contract. Think of it like this: in buying a home, a deposit is always required at the time you sign the Purchase and Sales contract. There are clear penalties if you lapse as the buyer and don't follow through (defaulting on P&S), including the seller keeping the deposit money. This is to help offset the loss of sale that the seller might have otherwise had if the items was still on the market during the closing period. If there was no contract, and if there was no clear sign of "non-refundable deposit", then I don't know if MGL will help you keep that deposit. IANAL though.

If you do have to return it, tell them you're going to return it and wait 8 weeks before mailing it.
 
You could head off any bad feelings by explaining your situation to the wannabe customer, tell him you could have sold the pistol while you were sitting on it for him, and ask him to put himself in your shoes, what would he do?

If the flake suggests an answer acceptable to you, i.e. keep $50.00, you're all set. If he still wants 100% of his money back, then you have to decide which road to take. Generally speaking only narcissists will expect a full refund imho.
 
Look at it this way, you still have a gun to sell and giving him the money back will keep the idiot from blaming you from keeping Starbucks coffee out of his life for half a week and may even get you some good reviews on social media, if there is such a thing for gun shops nowadays.

If someone was interested in it you can let them know it is now available. Win win.
 
Equitable answer:
Return it, minus any tangible expenses you incurred.
Excluding butthurt and abstract opportunity cost.
Including missed solid offers to overpay from subsequent customers,
or deciding to promptly sell it for less than the dweeb agreed to.

Marketing answer:
Unless you have serious tangible expenses related to keeping it off of the market,
just return it with no complaint except possibly telling the dweeb
he lost his deposit rights for him from here on out.

In any case, review the visibility, clarity, and viability of your deposit policy.
Hold off on any changes until you low-key survey your peers for their policies.
And under no circumstances let butthurt creep into the terms or language of
any future version of the policy -
you don't want prospects to feel they're being treated like cheats
because someone else yanked your chain.

And of course make sure your policy is actually legal.


Almost none of the above has not been said by prior commenters.

I don't know what I'd actually do in your shoes.
You're the businessman.
But the above strike me as prudent, depending on your goals.
 
The whole point of putting a deposit down was to secure his dibs on the gun and keep you from selling it to someone else while he scrapes his pennies together. You took it off the market and lost sales as a result. After 2 months, you should not expect to refund anything and he shouldn't expect a refund. Its unreasonable.

If you do decide you have to return it, give him store credit or tell him it will be ready to pickup in 8 weeks.
 
Store credit IMO. Even when you buy something in a store you usually only have 2 weeks to a month to return it. After that you are SOL.
 
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