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Posted By: boxingcardman

very funny

Look, the issue boils down to contract law. If you did not previously decide on a buyer's cost for carrying the card if the deal didn't go through (a liquidated damage measure), then you really don't have a leg to stand on for unilaterally deciding on a 20% penalty. Standard damages in this case are the seller's loss of profit on the deal less any savings. If the item is unique (i.e., isn't something you are churning out) and worth the same and you can resell it, you haven't really suffered a loss if you send back the $; perhaps a bit for time value but that would be very hard to prove and for a card (unlike a piece of land) would be minimal value. Also, if you accepted late performance from the buyer without protest, you are likely deemed to have waived the default.

Next time, stipulate clearly to a time frame that you want to stick with and liquidated damage figure if the buyer defaults if you want to cut off a deal and impose a fee for your wasted time and effort. As it stands now, I'd refund the $945 and let it go as a learning opportunity.

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