Recv'd. check to hold boat they were buying 3 weeks later they backed out do i get to keep the check?
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i recv'd a check to hold a boat that they were buying from me. 3 weeks later they backed out and wants their check back. I cx all advertisments and turned away potential buyers because they put money down. Do I have to give the money back or legally is it mine.
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Answer:
Let me ask you something - did you make any stipulations as to what would happen to their downpayment if they backed out? (verbally or in writing?) If not, give it back or they will probably take you to court to get it back. Save the trouble and start advertising again. I know it bites, but people are people. If someone puts a deposit down in the future, let them know - preferably in writing as well as verbally, that if they back out, it will cost them $XX amount because of the reasons you mentioned in your questions. Sorry - but I know how people can be and some of them won't hesitate to drag people into court. Good luck.
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Other answers
If you already cashed it, keep it. If they ask, explain to them it was earnest money to ensure they compeleted the deal and they forfeited it when they changed their mind. Well, what did your receipt say ? If you put non-refundable, its yours. But, chances are they stopped payment on it. Id try to go into their bank right away and cash it. If they sued you, I think you would prevail even without an receipt saying "non-refundable" because judges are not idiots.
keep it unless they are your grandparents
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