Used Car Sale - Terms & Conditions

Flyboy152

visidigi wrote: »

Do you know, for a fact, that the dealer hasn't turned away a buyer in the meantime for the car as a deposit has been taken?

Nope, so therefore you can't make such assumptions.

The onus would be on the dealer to proof that that they have done so. However, it is irrelevant, as the vehicle is still actively for sale, there has been no loss.

Flyboy152

tomwakefield wrote: »

In which case deposits are pointless as, assuming they don't place any obligation on the customer, they presumably don't place any obligations on the supplier either, should someone else come along and offer more.

Correct. What they are used for, is a show of commitment and are operated on a large amount of trust. The trust that the buyer will complete the transaction and that the seller won't go for higher bidder.

s_b

Flyboy152 you havent seen the invoice buyer signed so you cannot say this is a part payment until you do
on my invoices it quite clearly says this is a deposit and is a legal contract to purchase and is non refundable unless by mutual consent
i only take £100 though which is sensible because who in their right mind would take a £500 deposit or give it
personally i think the whole thread is a made up load of codswallop

visidigi

Flyboy152 wrote: »

The onus would be on the dealer to proof that that they have done so. However, it is irrelevant, as the vehicle is still actively for sale, there has been no loss.

ehhh? its still on sale as there was a deposit against it - you and I can't prove if they have refused a sale or not, but you're 'I'm right based on my assumption' simply doesn't hold water...

Flyboy152

visidigi wrote: »

ehhh? its still on sale as there was a deposit against it - you and I can't prove if they have refused a sale or not, but you're 'I'm right based on my assumption' simply doesn't hold water...

[STRIKE]So, what proof do you have that the OP signed a legally binding contract.[/STRIKE] On second thoughts, I am fed up with this pedantic nonsense. The OP has already told us he didn't sign any contract. So you can choose to believe him or not, it's your choice. :wall:

Flyboy152

s_b wrote: »

Flyboy152 you havent seen the invoice buyer signed so you cannot say this is a part payment until you do
on my invoices it quite clearly says this is a deposit and is a legal contract to purchase and is non refundable unless by mutual consent
i only take £100 though which is sensible because who in their right mind would take a £500 deposit or give it
personally i think the whole thread is a made up load of codswallop

Many dealers ask for a deposit of this size; it depends on the dealer.

clarkey3262

GemBee wrote: »

Yesterday I went to a garage to part exchange my car for a new one. We left a £500 deposit with them. We signed a receipt to say we were leaving the deposit and would pay the rest when picking up the car.

Oh dear Flyboy152, please read the OP, signed the recipt, therefore a legally binding contract. Although a verbal contract is just as binding, just an FYI before you carry on.

Also can anyone show me were it states that it is ok to break a legally binding contract as FB152 and Equaliser123 seem to think?

Flyboy152

clarkey3262 wrote: »

Oh dear Flyboy152, please read the OP, signed the recipt, therefore a legally binding contract. Although a verbal contract is just as binding, just an FYI before you carry on.

Also can anyone show me were it states that it is ok to break a legally binding contract as FB152 and Equaliser123 seem to think?

Because it's not a flipping contract. It even says so in the post you quoted.

shaun_from_Africa

Because it's not a flipping contract

contract
Definition
A voluntary, deliberate, and legally binding agreement between two or more competent parties. Contracts are usually written but may be spoken or implied,

The OP admits to signing a bit of paper which could well class as a contract, but even if it didn't, they also stated that "We signed a receipt to say we were leaving the deposit and would pay the rest when picking up the car".

Personally I would say that the OP certainly entered into a contract, maybe written, maybe verbal, but a contract none the less.

Flyboy152

shaun_from_Africa wrote: »

The OP admits to signing a bit of paper which could well class as a contract, but even if it didn't, they also stated that "We signed a receipt to say we were leaving the deposit and would pay the rest when picking up the car".

Personally I would say that the OP certainly entered into a contract, maybe written, maybe verbal, but a contract none the less.

How was the contract concluded?

They signed a receipt; an acknowledgement of receiving something. What were the terms and conditions of that contract?