My buyer on the transaction referenced above was from out of state, and before mutually deciding to use a third party facilitator like KeySavvy, he offered to make a non-refundable deposit to keep the car off the market until he could book travel and pick up the car.
While I drafted this he rethought the approach and proposed using an escrow-like service instead.
Regardless, since I put the energy into the agreement, here it is in case it’s useful to anyone.
NON-REFUNDABLE DEPOSIT AGREEMENT
Seller
First Last
Address
City State ZIP
Buyer
First Last
Address
City State ZIP
Vehicle
Year Make Model
VIN
Deposit
$1,000
Remaining Balance
$35,750
Buyer agrees to purchase Seller’s Vehicle for $36,750 (thirty-six thousand seven hundred fifty dollars).
For the convenience of Buyer, Seller agrees to accept a non-refundable Deposit in the amount of $1,000 (one thousand dollars), and Seller agrees not to sell the Vehicle to a party other than Buyer for a limited amount of time (the “Hold Period”).
The Hold Period shall begin upon Seller’s receipt of the Deposit from Buyer via Zelle, but no later than 3:00 pm Eastern Time on Tuesday, July 15, 2025. In the event that Seller has not received the Deposit by this time in the manner specified, this agreement will terminate with no further obligation by either Seller or Buyer to the other party.
Buyer agrees to pay $35,750 (thirty-five thousand seven hundred fifty dollars), the “Remaining Balance,” no later than 3:00 pm Eastern Time on Friday, July 18, 2025, which is the end of the Hold Period. Seller will accept Remaining Balance by wired funds to Seller’s designated bank account, or US currency in person at a mutually agreed upon location in Columbus, Ohio.
In the event that Seller has not received the Remaining Balance from Buyer in the manner specified before the end of the Hold Period, Buyer shall forfeit the Deposit in its entirety, with no further obligation by either the Seller or Buyer to the other party.
During the Hold Period, Seller may continue to market the Vehicle and accept backup offers, however Seller shall not sell or otherwise transfer the Vehicle to any party other than Buyer.
In the event that Seller encounters a catastrophic loss such as theft of the Vehicle, or if the Vehicle’s condition or operability is otherwise materially impacted, Seller will promptly notify Buyer, Seller will refund Buyer’s Deposit electronically via Zelle within 2 (two) business days of the event, and neither Seller nor Buyer will have any further obligation to the other party. There are no other scenarios under which the Deposit is refundable.
(Seller signature and date)
(Buyer signature and date)