Cancelling Second Hand Car Purchase

wealdroam

Fat_Freddies_Cat wrote: »

The things you mention have additional protection because they haven't been seen. We agreed to buy the car, if it was as specified. As I have said, these people have deliberately misled us by providing incorrect information.

The point is, yes of course you can agree to buy something without having seen it.

Fat_Freddies_Cat

spacey2012 wrote: »

You are bound by the contract you signed, anything else is hot air, hear say and traders puff.
Sit down with this agreement and see what terms are not in your favour.
If it was signed it forms a legal and binding contract.
Skating around it saying he said this wont help, put the kettle on and start reading your contract.

What you are saying is we can't do anything based on the verbal information, so we have no option but accept the car whenever they decide to let us have it, in whatever condition it arrives?
The contract doesn't mention any of the "hot air, hear say and traders puff" but then it doesn't say anything about the condition of the car or how long we are expected to wait for it.

wealdroam

Have you yet read the thread entitled:

READ ME FIRST PLEASE . . . Useful links, Resources and FAQs?

In particular the post:

Is a deposit ever refundable?

Fat_Freddies_Cat

wealdroam wrote: »

Have you yet read the thread entitled:

READ ME FIRST PLEASE . . . Useful links, Resources and FAQs?

In particular the post:

Is a deposit ever refundable?

Yes, and normally I have no problem in determining whether I can cancel a contract or recover a deposit.
I am not an unreasonable person and if I pull out of a contract after paying a deposit I wouldn't expect it back. In this case I believe the contract to have been signed only because of the incorrect information provided at the time. Other posters seem to be saying this is irrelevant and that as such, not only can I not recover my deposit, but I must go through with the purchase of the car.

spacey2012

Nobody is saying anything yet except : Read the contract you signed first.
We can not see the contract your hubby signed, we do not know what it says, you do.
If it mentions no delivery time, then it would be what a court deems reasonable.

Wish I could get a new range Rover in just two weeks wait .

browneyedbazzi

Fat_Freddies_Cat wrote: »

Yes, my partner signed an agreement but the whole point was that we would view the vehicle and proceed if satisfied.

Is that what your agreement says? that when you view the car you have the option to cancel and get the payment you made back?

Verbal information can form part of a contract but it's often very difficult to prove who said what so it's better to make sure anything you want to be a term/condition of the contract is included in its written form.

ETA: If you had read the sticky mentioned you will know that a seller/service provider cannot automatically keep a deposit when you pull out of a contract. It really would be worth reading the sticky.

wealdroam

Fat_Freddies_Cat wrote: »

...if I pull out of a contract after paying a deposit I wouldn't expect it back.

Are you sure you have read that post I linked to?

browneyedbazzi

wealdroam wrote: »

Are you sure you have read that post I linked to?

I'm guessing not!

Fat_Freddies_Cat

wealdroam wrote: »

Are you sure you have read that post I linked to?

Sorry, I have read the post but maybe the red mist is preventing me from understanding. Am I right in thinking they can retain the deposit or part of it, if they can prove it is a calculated recovery of their losses caused by my withdrawing from the contract? If it is just one size fits all penalty to prevent cancellation it is unlawful?
Sorry if I'm being a bit slow, it's been a bad day.

browneyedbazzi

Fat_Freddies_Cat wrote: »

Sorry, I have read the post but maybe the red mist is preventing me from understanding. Am I right in thinking they can retain the deposit or part of it, if they can prove it is a calculated recovery of their losses caused by my withdrawing from the contract? If it is just one size fits all penalty to prevent cancellation it is unlawful?
Sorry if I'm being a bit slow, it's been a bad day.

That's the basics of it. If you want to cancel it's better to do so before they have arranged shipping for the vehicle or incurred any costs - once they have paid out you're likely to be liable for the costs (firstly from your deposit, but they may also pursue you for additional costs if it is more than the deposit you paid).