Legal advice on down payment and permits

Questioner

A few weeks ago I had offered a children's room on Marktplaats. This advertisement received an offer, these people also came to look and wanted to buy the room. I asked for a deposit of €100,- (total price was €300,-) because they could not take the room with them right away. We had made a verbal agreement that they would come and pick up the room 2 weeks later (day and time agreed verbally.) A few days before the agreed date I received a message that they wanted to cancel the room due to an unpleasant situation and that I had to pay back the €100,-. I refused this. In the meantime I had already invested this in a new room for my daughter. I did offer them to come and pick up the room on the agreed day and time. They refused. In the meantime I have put the room on Marktplaats again and sold it. Now they are still demanding the deposit back because the room has now been sold, would I be obliged to do so otherwise I am committing fraud??? They are now threatening to report it

Lawyer

In this context, I think there is little chance of a report. This is a civil case for the police. The question is whether you have to pay back that €100 or not. Strictly speaking, that depends on what was agreed upon in the down payment, but that probably won't be much. Strictly legally speaking, you can probably only offset your damage with that €100 and the question is whether you have suffered damage now that you have resold the room. You don't mention the amount for which that happened, so I can't judge that.

Lawyer

A down payment is to ensure the purchase of the sold product. It is conceivable that after the buyer has renounced, you will no longer sell the item (damage 300,-) or will have to put the item up for sale again, which will incur costs. You can offset the latter costs with the down payment. The intention of the law is not for a seller to enrich himself if the buyer always renounces a purchase after a down payment.