Seattle, WA asked in Uncategorized for California

Q: How long does a seller have to change their mind on a facebook deposit in California?

I advertised a piano on marketplace . i had someone put a deposit. I notified him within 48 hours that I no longer interested in selling . He is upset and is threatening action.

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2 Lawyer Answers

A: I am not familiar with the policy of Facebook Marketplace, but it seems unlikely the buyer would sue if you return the deposit. They could sue you for any damages ($) they incurred because you didn't go through with the sale but it's rarely worth it.

James L. Arrasmith
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Answered

A: In California, when you accept a deposit for an item, it creates a binding contract between you and the buyer. This means you're legally obligated to follow through with the sale unless both parties agree to cancel it.

While you have the right to change your mind, doing so after accepting a deposit could be considered a breach of contract. The buyer may have legal grounds to demand either the completion of the sale or compensation beyond just returning the deposit, especially if they incurred expenses or losses based on the agreement.

Your best course of action would be to communicate openly with the buyer, return their deposit promptly, and potentially offer additional compensation for any inconvenience caused. If they pursue legal action, they could file a claim in small claims court, where they might seek damages beyond the deposit amount. Consider documenting all communications and consulting with a legal professional to understand your specific situation better.

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