im glad that you referenced sections of the UCC in your explanation. :bloated:
first things first, i HIGHLY doubt 500 bucks would ever even be a blip on the radar as far as “fed cases” are concerned.
second of all, he didn’t commit theft by deception. not even close.
third, the whole point of a deposit is to prevent a seller from selling out from under the buyer prior to the buyer procuring the remaining funds. therefore, the deposit is only refundable if the seller does not complete his side of the transaction (in this case, provide the car materially as advertised). the buyer has no recourse if he/she does not uphold their side of the transaction. THE NON REFUNDABLE NATURE OF A DEPOSIT IN A PRIVATE PARTY CAR SALE TRANSACTION IS IMPLIED, AND DOES NOT NEED TO BE STATED. this is just simple logic here.