66mustang

John I agree with what you say as a seller.


However, there is an implication that a buyer has to buy the Luger whether it meets specifications or percentage of stated value, specifically "Mint Perfect"? and although I agree that a contract is a contract, and that the long period of layaway was excessive, but no written contract screws both the parties? The seller should state that this has been an excessive amount of time and either keep the deposit or refund it. If a seller tells me he'll refund the deposit and then the next day decides to keep the deposit, I too would be upset. Also, if a person has a stated layaway policy, then not going by it should forfeit any deposit.


I believe the problem is the lack of communication between the parties, a handshake deal is difficult for all involved.


In this part of the scenario; The Buyer Offers To Pick Out A Different Gun, But The Seller States He Will Just Refund The Deposit Amount To The Buyer. The Next Day, The Seller Has Reconsidered And States He Will Refund Only A Portion Of The Deposit, When The Gun Sells. The Following Week The Seller Informs The Buyer That He Doesnâ??t Plan On Selling The Gun For A While, Leaving The Buyer Without Any Of His Deposit.


This changing of communication is why I felt the seller was wrong. It appears to me that the seller found that the gun would not sell for the amount originally stated and so wanted to keep the deposit, therefore the loss of income to be retrieved as John stated.


Although I feel that the buyer should be aware that their deposit should probably be forfeit, that is not what the seller stated to him.

Since this is a handshake deal, then what is said should be what is done.


You could say the same thing about the buyer, except if the Luger does not meet "mint Perfect" and (yes this is in the eye of the beholder), then the seller has not met their part of the bargain. In many antiques, guns etc., Mint Perfect is almost brand new.


Ed