Am I within my right to request my deposit back?
Discussion
Hi all
Have just driven 150 mile round trip to view a car I was intending to purchase. I paid a £250 deposit.
The advert said excellent condition in and out and there were several pictures which appeared to reflect this, aside from being a little dirty.
After viewing the car, there was a split in the front bumper which is not visible in the photos due to the colour of the car and it wasn't highlighted. There was also considerable scuffing to the bonnet. Plus the front number plate was not fully secured and was peeling off on the sides.
There was a light on the dash for an issue with the full beam and a small fault with one of the rear windows.
Like I said, advert said excellent condition in and out and the seller even confirmed that there were no issues with the car. The seller has said he now needs to relist the car on auto trader so will cost him 160, 80 for the first advert and 80 for the last and so he'll only refund the difference in my deposit.
Had I known of these issues I wouldn't have paid the deposit in the first place. Do you think I'm within my rights to insist on the full deposit back? There was also no reason for him to take the ad down until the sale had been completed in my opinion, he could have advised interested buyers a sale was pending.
Have just driven 150 mile round trip to view a car I was intending to purchase. I paid a £250 deposit.
The advert said excellent condition in and out and there were several pictures which appeared to reflect this, aside from being a little dirty.
After viewing the car, there was a split in the front bumper which is not visible in the photos due to the colour of the car and it wasn't highlighted. There was also considerable scuffing to the bonnet. Plus the front number plate was not fully secured and was peeling off on the sides.
There was a light on the dash for an issue with the full beam and a small fault with one of the rear windows.
Like I said, advert said excellent condition in and out and the seller even confirmed that there were no issues with the car. The seller has said he now needs to relist the car on auto trader so will cost him 160, 80 for the first advert and 80 for the last and so he'll only refund the difference in my deposit.
Had I known of these issues I wouldn't have paid the deposit in the first place. Do you think I'm within my rights to insist on the full deposit back? There was also no reason for him to take the ad down until the sale had been completed in my opinion, he could have advised interested buyers a sale was pending.
Presumably little to nothing was said about the terms on which the deposit was paid. If something was said, then the answer to your question is in what was said.
Otherwise one would expect the common understanding to have been along the lines of
- you agree to buy the car subject to a condition
- the condition is that when you inspect it, it matches the description in the advertisement
- the seller agrees not sell the car to anyone else until you have inspected it (basically you have first dibs on it)
- if you go ahead the deposit will be set against the purchase price
- if you don't, everyone goes back to where they started.
This seller is asking you to pay his costs of a misleading advert; an advert which he was stupid to have taken down until he'd actually completed a sale to you. .
Otherwise one would expect the common understanding to have been along the lines of
- you agree to buy the car subject to a condition
- the condition is that when you inspect it, it matches the description in the advertisement
- the seller agrees not sell the car to anyone else until you have inspected it (basically you have first dibs on it)
- if you go ahead the deposit will be set against the purchase price
- if you don't, everyone goes back to where they started.
This seller is asking you to pay his costs of a misleading advert; an advert which he was stupid to have taken down until he'd actually completed a sale to you. .
BlackTails said:
Presumably little to nothing was said about the terms on which the deposit was paid. If something was said, then the answer to your question is in what was said.
Otherwise one would expect the common understanding to have been along the lines of
- you agree to buy the car subject to a condition
- the condition is that when you inspect it, it matches the description in the advertisement
- the seller agrees not sell the car to anyone else until you have inspected it (basically you have first dibs on it)
- if you go ahead the deposit will be set against the purchase price
- if you don't, everyone goes back to where they started.
This seller is asking you to pay his costs of a misleading advert; an advert which he was stupid to have taken down until he'd actually completed a sale to you. .
Thank youOtherwise one would expect the common understanding to have been along the lines of
- you agree to buy the car subject to a condition
- the condition is that when you inspect it, it matches the description in the advertisement
- the seller agrees not sell the car to anyone else until you have inspected it (basically you have first dibs on it)
- if you go ahead the deposit will be set against the purchase price
- if you don't, everyone goes back to where they started.
This seller is asking you to pay his costs of a misleading advert; an advert which he was stupid to have taken down until he'd actually completed a sale to you. .
I've a gut feeling, based on the conversation before leaving, that he'll not willingly pay it back. Any idea if that's the kind of thing Autotrader can help with? Failing that I guess my next option would be my bank.
Auto810graphy said:
If he is a motor trader you have a 14 day cooling off period so he needs to refund the deposit.
From him mentioning paying for two adverts it sounds more like he is a home / part time trader so it might be harder. Just put it in writing to him, I doubt he wants the hassle.
Yea unfortunately not a motor trader! Thank you yes, perhaps I'll just send an email via Autotrader and put it to him point by pointFrom him mentioning paying for two adverts it sounds more like he is a home / part time trader so it might be harder. Just put it in writing to him, I doubt he wants the hassle.
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