# Do I have to give a deposit back?

**URL:** <https://forums.speedlife.net/t/do-i-have-to-give-a-deposit-back/41348>\
**Category:** NYSpeed Off Topic\
**Created:** [January 6, 2008, 12:35pm UTC](https://forums.speedlife.net/t/do-i-have-to-give-a-deposit-back/41348 "2008-01-06T12:35:07Z")\
**Posts on this page:** 1\
**Showing post:** 29

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**Author:** ![eclipsed](https://avatars.discourse-cdn.com/v4/letter/e/bbce88/32.png) [@eclipsed](https://forums.speedlife.net/u/eclipsed)\
**Post date:** [January 6, 2008, 8:25pm UTC](https://forums.speedlife.net/t/do-i-have-to-give-a-deposit-back/41348/29 "2008-01-06T20:25:00Z")

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> [@ineedacar](#):
>
> THE ONLY PERSON RIGHT IN THIS WHOLE ENTIRE THREAD IS RX3.
> 
> unfortunately for you, unless you did state to him it is NON REFUNDABLE, he CAN sue you for it. and im positive he knows this, because he sent it through the mail, WHICH IS A FEDERAL CRIME IF YOU DONT SENT IT BACK. Idk where these other people are getting these half assed responses. the court doesnt give a FUCK about you “losing money on the deal”, “garage space and storing the car for 3 months” or what the fuck ever these kids are telling you, they dont know what the fuck they are talking about.
> 
> Yea it sucks. But I PROMISE you going in front of a judge and saying “WELL I THOUGHT THAT WAS THE POINT OF A DEPOSIT” is going to get you nowhere but laughed at, and most likely quite some time in jail due to the fed charge of robbing him through the USPS.
> 
> and before any of these people with the horrible advice try to disprove me/rx3, look up federal law called THEFT BY DECEPTION. Due to the fact that you did NOT tell him it was a non-refundable deposit, he can press these criminal charges against you, along with suing you for the money, and also along with the fed case you’re going to receive for using USPS. NEVER use usps for shit like this its a mess.
> 
> and last i checked, fed cases were a minimum of 10 years. period. maybe not for shit like this on second though, but fed cases carry a mandatory-minimum. so yea man, you have no leverage here, and are looking at thousands in lawyers fees to hopefully get you off with just a couple years in the fed prison, for $500? send the shit back.

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.

:lolham: at your outrageous uneducated rant

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