T_R_Oglodyte
TUG Lifetime Member
The deposit was to hold the week for your use.
But if Yumdrey found someone else and said, "I have someone who is going to pay me 100% of the amount upfront and am returning your $400," you would have been angry (had you not broken your foot and planned to go on that trip).
So then you would be saying, "I paid a deposit for you to hold the week for me."
Ah, but suppose Yumdrey had said, "I have someone who is going to pay me 100% of the amount upfront. If you want to keep the unit you need to pay me the balance by [date] or I will return the deposit and rent to the other person."
It all comes down to what the purpose is for the deposit - is it holding the space or is it a down payment? In general commerce deposits are used both ways. So without specific statement of intent by the parties, to me saying it's a "deposit" is ambiguous.
Further, to me "deposit" implies refundable unless the deposit is specifically identified as "non-refundable". That's especially true in rental situations; a person applies for a unit and makes a deposit to hold the unit while other details of the transaction are worked out. If the transaction falls through (e.g., credit check fails) the deposit is returned and the parties move on.
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So to me it's ambiguous in this case what the deposit was for. Now let's apply the general legal principle that ambiguous language in an agreement is generally interpreted in favor of the party that did not propose the language.
So to me the matters turns on who raised the issue of making the deposit. Whoever proposed that a deposit be made bore the burden of identifying what the deposit would secure. That apparently didn't occur in this case. Therefore the effect of the deposit should be construed in favor of the party that received the suggestion to use a deposit as part of the transaction.
So if Yumdrey said, "Great! Send me a deposit and I'll get working on the confirmation", then I would go with Jennifer's understanding of the meaning of "deposit". But if Jennifer said, "I want to rent and I'll send you a deposit to hold the unit" then I would hew to Yumdrey's expectation of what the deposit was for.
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