Keep or pay back the down payment on your motorcycle?

Questioner

The lady wanted to buy my bike after seeing it. I told her that I can't reserve it, sold = sold. She emphasized that she really wanted it and later we discussed via Marktplaats that she would pick it up on Saturday for €2000,-. She offered to make a down payment of €500,- so that I would reserve it, since she really wanted it. She did this. Two days before the official sale, the lady pulls out and says she broke her arm. She immediately asked if she could get her deposit back. I have already turned away two other potential buyers and it now also seems on Marktplaats that there might be something wrong with my bike, because it is being put back from 'reserved' to 'available'. Do I legally have to pay him back or not?

Lawyer

You can certainly deduct your costs from the down payment, you can also hold the lady to the purchase and acceptance obligation; she has no valid reason to abandon the purchase. In any case: you already have a down payment to secure acceptance. So it is the buyer who must take action.

Lawyer

Dear, if the bid was placed via Marktplaats, I would like to refer you to article 5 of the general terms and conditions. This stipulates that '5.1. Unless otherwise provided in these Terms of Use, a bid on a product or service in an Advertisement is not binding. An Advertiser is not obliged to accept such a (reasonable) bid. If such a bid is accepted by an Advertiser, this does not oblige the bidder to purchase.' This means that the lady (if the bids were placed via Marktplaats) may not be obliged/can be obliged to purchase the motorcycle after all. However, the agreement you made about the down payment will be tested by the court against the function of a down payment. In this case, I would advise you to offer the lady that she will receive part of her down payment back. If she does not make use of that offer, then she is the one who should take action.