are non refundable deposits legal?

I recently accepted a £100 non refundable deposit on one of my shih tzu puppies, i got an email last week from the buyer who says that, he had spoken to someone who bought a puppy from me last year, that the puppy had had to be put down as he had a heart condition and that he was concerned about purchasing the puppy from me, itold him the vets had checked the puppys and gave them a clean bill of health only 7 days prior to this email, and that i was in touch with 2 of the 3 people i sold the puppies to last summer, and had emails about 2-3mths ago saying they were good and with update pics of them, i had even shown him the pics of the puppys when he came to view his puppy. He has now decided to pull out of the sale of the puppy, but has not offered me any info about the allogation about the other puppy being put to sleep no names address of the people who bought the pups or details of the vet who put the dog to sleep he now wants his deposit back. I explained to him that the advert said non refundable he was told verbaly it was non refundable and was given a reciept saying it was non refundable when he gave me the money. He has now told me he is going to take me to court to claim his money back that it is not legal to keep the deposit, im sure it is legal as it was a contract between us which he agreed to. The emails he sent me leading up to this sounded a bit dodgy apart from the fact that the puppies i sold were not sold to anyone on the estate he lives they were sold elsewhere, what are the actual chances of him knowing someone who bought a puppy from me there are over 300.000 people living around are area. Can someone give me any advice on what to do, i am going to speak to someone first thing on monday morning. this is the email he has sent me.
JUST 2 LET U KNOW WE HAVE BEEN IN TOUCH WITH CONSUMER DIRECT AND UNDER THE SALES OF GOODS ACTS 1979
WE NOW KNOW WERE WE STAND REGARDING THE DEPOSIT AND WE ARE ENTITLED 2 IT BACK.
WE NO LONGER WANT THE PUPPY WE ARE AWARE THAT YOU HAVE £100 DEPOSIT OF US
I AM REQUESTING THAT YOU CUT UR LOSSES AND THAT YOU PAY ME THE £100 DEPOSIT BACK 2 ME OR DEDUCTE A REASONABLE AMOUNT 4 ANY LOSSES CAUSED. AND GIVE ME BACK THE REMAINING AMOUNT
I AM MAKING TIME OF THE ESSENCE
I WILL EXPECT YOU TO GET BACK TO ME WITHIN 7 DAYS
REGARDING THIS MATTER.. he then proceeded to get one of his friends to email me pretending to want to buy the puppy, which i thought was a bit dodgy as i wasnt advertising them at that time. he then replied to me saying
I AM AWARE THAT U ARE NOW SELLING THE PUPPY IF U DONT GET BACK IN TOUCH WITH US REGARDING THE DEPOSIT THEN I WILL HAVE NO CHOICE BUT 2 TAKE U 2 COURT BECAUSE I NO MY RIGHTS AND WERE WE STAND AND WE ARE ENTITLED 2 IT BACK.. AS I HAVE REPORTED THIS MATTER 2 CONSUMER DIRECT AND THEY HAVE REPORTED IT 2 TRADING STANDARDS..

What would you do?

I think the guy is just trying to scare you into giving him his money back. If the receipt stated it was non refundable he doesn’t have much to stand on. Is he really going to take you to court for £100 ?

6 Responses to “are non refundable deposits legal?”

  1. Eric H says:

    I think the guy just changed his mind because he got a better deal elsewhere.

    If your advertisement said non-refundable and your receipt said so, I don’t think you have a problem.

    He’s pressuring you because he’ll lose in Court and he knows it.

    Keep the money.
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  2. jonathan_kelly2001 says:

    I think the guy is just trying to scare you into giving him his money back. If the receipt stated it was non refundable he doesn’t have much to stand on. Is he really going to take you to court for £100 ?
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  3. Ruth S says:

    I am sure if one of your puppies died from a bad heart, those people would have contacted you! Right! What I would do, if you have his address – the real one, not the e-mail, Send him a sweet little note through the US Mail, certified, so he can’t say he didn’t get it. Tell him – (I don’t know how long this man had the puppy) Please Note: You were aware at the time of the sale, the deposit WAS NONrefundable. If you have a problem with that, have your attorney contact me, Signed xxxx xxxxxxx! No more, no less!
    Let him pay for taking you to Small Claims Court! Please keep a copy of any correspondence with this guy, but don’t be answering him through e-mails!!!
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  4. Bardic says:

    He doesn’t have a leg to stand on. A deposit is a deposit, you are not obliged to return it. It is a payment given as a guarantee that an obligation will be met, in this case completion of the deal. He’s just trying to bullsh*t you into giving in.

    If you want more formal advice, speak either to the CAB or a solicitor.
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  5. MadMan says:

    I agree with every one else. He does not have a leg to stand on.
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  6. WENDEL HOMES says:

    I also agree with other contributors.
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