Advice please - Deposit at Fords

StokoE

Hi MSE'ers,

New here but always browsed around the site and taken good tips from various posts. Thank you.

Anyway..

Father in law had put down a deposit on a new car which was 5% of a new Kuga Ford, later on in the week his wife tried it out on a test run and decided that she didnt like it (various reasons)

They went back to claim back the deposit but didnt have much joy and were asked to provide a letter etc.

Can anyone here give some advice to get the deposit back or something along those lines where he may stand legally ?

Forgot to add, he hasnt signed anything at all..

Thanks in advance.

GAZ237

So he put a deposit down and signed a contract?

Ford would then order the car and now he don't want it.

Might be hard getting his deposit back seeing as its him pulling out of the contract.

Seen your edit. If they want something in writing. Give it to them. Surprized theres no contract signed.

If its a car from the showroom floor you may be in a better position.

GolfBravo

The main point of placing a deposit on a car is to put a contract in place with obligations on both sides.

I don't understand why people put down deposits left right and centre if they are not 100% sure they want the car.

The fact that you put a deposit down is an indicator of a legally binding contract. You make an offer to buy a car, a dealer accepts your offer, and you pay a deposit which is a consideration. Offer + acceptance + consideration = legally binding contract.

As such, if you decide not to go ahead with the purchase you are most likely acting in breach of contract. In a worst case scenario the dealer may sue you to try and recover any losses suffered as a result of your actions.

StokoE

Thanks for your replies both. It was my father in law who was purchasing it as a gift for mother in law.. He didnt sign anything but the showroom got it delivered from another one, then mother in law tried it and didnt like it.

He has written a letter explaining the situation.. So from your replies its just wait and see.

Thanks for posting

colino

He's not gong to get all that deposit back. Just think of the cost of the two-man team, the diesel and the operating costs of that eleven car transporter urgently fetching that unique car from the top end of Scotland.

spacey2012

I think he has seriously misunderstood what a deposit is.
They are can legally keep any amount of the deposit they can account for as losses .
A deposit is a bond of your intention to complete a contract, in the event of failure to complete the contract the deposit is forfeited.
The only legal redeem is to sue for return as a contractual penalty if you can prove they have not actually suffered actual losses to the deposit value.

Goodwill is really the best option and plea and beg or as most people find new cars frightening and strange hope it grows on her and pay up.
I am sorry I can not offer any better advise, but that is deposits.

StokoE

Bit of a late reply but father in law had a full refund sometimes there are happy endings..