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

[LittleCalm]

The flip side is that this guy will never sue you for $100 (or even triple that amount assuming your deposit requirement runs afoul of some mass consumer law that provides for treble damages, such as 93A (unfair and deceptive practices)). Your only risk is social media which you say you don’t care about. So I would keep the deposit and make the guy come after you - he won’t and will have learned a valuable lesson. Or, if you want guaranteed no fall out, then return his deposit but don’t ask for deposits in the future. There’s no point in doing something that you aren’t going to enforce. I would be curious to know what the big shops like Four Seasons do. Btw, I bet there is Mass case law on this very point.

 

[watchman]

No tough sh!t that's the correct answer. You take the loss of sale if others come for it and if you break the Millennials heart tough.

 

[Whiskeywon]

Interesting because this clearly isn't just a millennial problem (though my generation definitely has to do it more). Then again I was able to figure out employment compared to some people I graduated with. I'd agree with most about depends on how much of a hardass you wanna be and whether you have a stated policy for cover-your-ass purposes. The time window approach with credit seems the middle of the road option or straight money back if you feel like coddling him and getting him out of your hair but otherwise you clearly should have responded to my inquiry first.

 

[slap shot]

What’s the point of the deposit? I say he’s a dick for asking for it.

 

[EJFudd]

Were you legitimately harmed? If not, return the deposit (politely) and move on. Not worth the aggravation.

 

[Mr.E]

No, that’s the point of the deposit. Maybe after a day if they let u know they were having an issue and you wanted to be a nice guy, sure. But 8 weeks of affecting your business, no. Another valid reason to refund would be if it was not as advertised.

Or tell him you’ll guve him a $50 credit at your shop for a purchase within one year.

This.
If you held it because they were planning to purchase you subsequently stopped others from purchasing it, thus causing an opportunity cost for each day he or she didn’t pick it up.

 

[slap shot]

Sell 100 $10 raffle tickets for the gun I'll take 2, regardless of what it is. Give it back if it makes you feel better and we all win.

 

[Whiskeywon]

Sell 100 $10 raffle tickets for the gun I'll take 2, regardless of what it is. Give it back if it makes you feel better and we all win.

I like this idea haha I'd get on that. Almost feels like charity at that point...

 

[robjax]

Just because it could be an idiot trying to ruin your reputation I would just give him the money back and as others have said, next time pay in full. $100.00 isn't worth the headache you might encounter. Just don't offer him that courtesy again.

 

[fencer]

Unless the receipt you gave him when he paid the deposit says, very clearly, it was a non refundable deposit, you have to give it back. Even if you are writing a hand written receipt, you can get them made up with your policies printed on them.
The kid is a douchenozzle, but thems the rules.

Go to Staples and have them make up a few books of two part receipts that list your policies at the bottom. I would suggest a "restocking fee", and lots of businesses will not issue a refund, store merchandise credit only

 

[enbloc]

I guess you can leave the $100 on the counter when you’re there.

In pennies... ass pennies.



Gain the "Upper Hand"...

 

[Odyssey Arms]

Any deposits I take are non-refundable and good for 30 days. I always make sure the customer knows that. I hate taking deposits in general though.

 

[Nick Leduc]

Email him and offer him the $100 back. Make yourself unavailable to give it back for the next 8 weeks.

 

[Frizzle Fry]

I would say NO! Keep the deposit; for 8 weeks potential buyers walked through your door. Otherwise, what purpose does a deposit serve? You've lost potential buyers for 8 weeks now... you've had money invested with no return, with no possibility for return...

I clicked "OTHER" only because you really ought to have a policy and something simple for your customers to sign.

Simple one we use: initial deposit must equal 25% of the buyers price for layways, and 25% of the buyers price is nonrefundable, balance to be returned within 2 weeks if deposits exceed 25%. Initial deposit must equal 50% of the buyers price for special orders, and 25% of the buyers is non-refundable, balance to be paid within 30 days of refund from distributor (if applicable). That way there's no question, no confusion, no issue of legal liability. Plus you can make a little more on the gun for your trouble, or make a faster sale at a lower price without losing money.

Customers:
"Oh I didn't realize it wasn't refundable" B.S. "But that's too long to wait!" B.S. "You didn't tell me that..." B.S.

 

[n1oty]

arguably the contract is defective because the terms of the deposit were not specified.

Are the terms actually defective?? We have not heard from the OP what the emails actually contained. The terms of the deposit may or may not have been specified.

 

[Wickedcoolname]

Give it back and that's the last time you two do business. Easiest way out.

 

[Glockster30]

Just explain to the kid your doing him a solid. And give it back, I've done this twice myself. Granted I was drunk buying a gun last year and when I sobered up the next day I realized I didn't wanna spend 1200 on a Hudson. However I also offered to let them keep the deposit. I never would've considered asking for.

The other time I left a 300 dollar deposit on a cz and didn't feel like going to the cape to pick it up. Called the guy apologised told him to keep it for the trouble. He did keep it btw I think.

The kid should've told you to keep it and you should've gave it back. However just because he's a pill doesn't mean you should be one too.

There are some things that shouldn't be discussed on the webs...like buying a gun while drunk.

 

[Glockster30]

Unless the receipt you gave him when he paid the deposit says, very clearly, it was a non refundable deposit, you have to give it back. Even if you are writing a hand written receipt, you can get them made up with your policies printed on them.

Even if the receipt states that it is a non-refundable deposit, the business is still required to notify the customer about its policy prior to taking the deposit.

 

[jason19711971]

I assume all people are clueless. I make sure I state "yes I will take a non refundable deposit Mr Jones because you really like the gun and I want to work with you to make you happy" If they ask why is it non refundable? Then I state that I am taking a chance of losing another opportunity to sell it. The non refundable deposit shows me that you are serious which provides me insurance that you will make the complete purchase.

 

[NHCraigT]

My 2 Cents:

Bottom Line: Unless you have an actual written & posted policy, that the buyer read & signed, and that you also verbally explained to him = You will be the bad guy unless you return the deposit.

(I am not stating the above simply from a "legal" stand point, as much as I am stating it from my own personal moral standpoint).

IMHO: It's $100. We are not talking about big money and loss here. Pick and choose your battles in life. This ain't one of them.

ALL THE ABOVE BEING SAID - I would still explain the concept to this millennial, and how you chose to give the money back out of good principle, but the next guy may not do so. Its a teaching and life-education opportunity for this young man. He needs to understand what a deposit is all about for his own future benefit.

 

[GM-GUY]

Keeping in good stead with him may mean that he will want to do more 'business' with you, how do you feel about that?

Keeping in good stead with him may mean that he will send people he hangs out with and likes to do business with you, how do you feel about that?

My standard reply when it comes to legal issues:
If he wanted the $100 plus $20 for interest or he was taking you to court - I'd pay it. You will lose in court, even if the judge says you win - you still lose; the process is the punishment.​

 

[zboys]

NO
In business you dont need people like him, If you give him his deposit back he will laugh at you for it and never visit your shop again out of embarassment.
It's common knowledge with anybody with common sense that a deposit is non-refundable

 

[fencer]

Even if the receipt states that it is a non-refundable deposit, the business is still required to notify the customer about its policy prior to taking the deposit.

As long as you have your policies posted you do not have to tell every customer specifically. I have it posted, written on every quote, invoice and confirmation, as well as on our website. All of this was done with the advice of our attorney.
We also list our return policy as well as restocking fee. Then it truly is up to me if I choose to take something back, wave the restocking fee, issue a refund etc.
Unless it is really something custom, I usually just take it back and issue the refund. If a customer makes a habit out of it, I warn them once, and then spank them the next time. This usually results in an angry customer, but some customers are frankly not worth having any way.
My unofficial policy is that mistakes can happen. We pay for our mistakes and try to make it right as soon as possible. When our customer makes a mistake, we do everything we can to help them.
My business is very different in that we custom fabricate a lot of stuff.

 

[jkelly1229]

There are some things that shouldn't be discussed on the webs...like buying a gun while drunk.

Lol I didn't actually buy it. I'm in NH so the background check takes about an hour usually. So I usually just buy it and pick it up the next day. Thankfully I was trying to make a trade on it and the guy didn't like my offer so I didn't want the Hudson

 

[RG Sports]

I would refund it just to avoid any legal hassles. Tear him a new one too. Hint that he probably wouldn’t pass NICS anyway.

 

[Jason Flare]

For @Fixxah:

Is he a member here by any chance?

 

[ridleyman]

I voted "no" only because they're a millenial. Otherwise I might have given $50 back after the final sale at full price. If they were a millenial and a metrosexual from Cambridge, Arlington, etc I would have kept the entire deposit and maced them in mid-sentence!

 

[jkerm3]

Tell him you’ll refund him - after the item sells. Make him wait. When you’re whole, you can make him whole.

Or, discount the gun $50 to help it sell and refund the other $50. At least you get something out of it.

He has no idea what your lost opportunity was over those 8 weeks while you were holding it for him. He owes you for those 8 weeks.

 

[nstassel]

The flip side is that this guy will never sue you for $100 (or even triple that amount assuming your deposit requirement runs afoul of some mass consumer law that provides for treble damages, such as 93A (unfair and deceptive practices)). Your only risk is social media which you say you don’t care about. So I would keep the deposit and make the guy come after you - he won’t and will have learned a valuable lesson. Or, if you want guaranteed no fall out, then return his deposit but don’t ask for deposits in the future. There’s no point in doing something that you aren’t going to enforce. I would be curious to know what the big shops like Four Seasons do. Btw, I bet there is Mass case law on this very point.

I'm sorry but this is exactly what Ch. 93a is about because some shady lawyer can get their fees paid if they can convince a judge that not returning a deposit in the absence of an agreement is unfair and deceptive. In fact, if the customer has a licensing issue and can't take receipt of the gun then the contract would be void due to impossibility and op would still have to return the deposit. Plus do you think the average judge wouldn't welcome a chance to smack an ffl for attorney's fees?

 

[LittleCalm]

I'm sorry but this is exactly what Ch. 93a is about because some shady lawyer can get their fees paid if they can convince a judge that not returning a deposit in the absence of an agreement is unfair and deceptive. n fact, if the customer has a licensing issue and can't take receipt of the gun then the contract would be void due to impossibility and op would still have to return the deposit. Plus do you think the average judge wouldn't welcome a chance to smack an ffl for attorney's fees?

As I said in my post, if OP wants guaranteed no hassle, return the $100. That said, no lawyer is going to pursue a $300 case. And the potential buyer who reneged is not likely to go to small claims for $100 or $300.