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Paid a deposit on a car

Monty_Zoomer
Monty_Zoomer Posts: 42 Forumite
in Motoring
I paid a deposit on a car in a private sale on 19th January and agreed to pick it up on Saturday 15th February.


Train tickets have been booked as it is hundreds of miles away, insurance has been arranged and paid for, seller agreed to pick me up from the train station.


Have just found out that he has sold it to someone else - does he have the right to do that?


Surely if a deposit is paid, he does not have good title to the goods to then sell them again?
«13

Comments

  • Netwizard
    Netwizard Posts: 830 Forumite
    What is the betting he got a better offer!

    Has he given you your deposit back?
  • Monty_Zoomer
    Monty_Zoomer Posts: 42 Forumite
    Netwizard wrote: »
    What is the betting he got a better offer!

    Has he given you your deposit back?



    He is not replying to messages now.
  • victor2
    victor2 Posts: 8,410 Ambassador
    Part of the Furniture 1,000 Posts Name Dropper
    edited 7 February 2014 at 9:53PM
    What did the receipt he gave you for the deposit say?

    My guess is he'll offer you the deposit back and that's it. If you kick up a fuss, he might just feel guilty and contribute towards your train costs. Depends how much extra he made by selling it to someone else.

    Edit:
    You've got the train ticket, presumably know where he lives, so pay him a visit. Of course, if he offered to meet you at the train station so you'll never see his house, then maybe you've been done and he had no intention of selling it to you in the first place...

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  • Monty_Zoomer
    Monty_Zoomer Posts: 42 Forumite
    Didn't get a receipt - the transaction was done through Facebook messages.


    Maybe a question for the lawyers but does anyone know if he has good title to sell it if a deposit is paid?
  • iainscomputer
    iainscomputer Posts: 262 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    Why leave it nearly a month to collect? Always best to view & collect there & then. The seller will be hoping you forget the deposit.
  • victor2
    victor2 Posts: 8,410 Ambassador
    Part of the Furniture 1,000 Posts Name Dropper
    Monty_Zoomer wrote: »
    Didn't get a receipt - the transaction was done through Facebook messages.


    Maybe a question for the lawyers but does anyone know if he has good title to sell it if a deposit is paid?

    You've been done.

    I’m a Forum Ambassador and I support the Forum Team on the In My Home MoneySaving, Energy and Techie Stuff boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. 

    All views are my own and not the official line of MoneySavingExpert.

  • Monty_Zoomer
    Monty_Zoomer Posts: 42 Forumite
    victor2 wrote: »
    You've been done.



    I know where he works, where he lives, paid the deposit direct to his bank account etc
  • Monty_Zoomer
    Monty_Zoomer Posts: 42 Forumite
    iainscomputer wrote: »
    Why leave it nearly a month to collect? Always best to view & collect there & then. The seller will be hoping you forget the deposit.




    He was taking off the private plate and I wanted it taxed before I picked it up so we needed to wait for the V5 with new registration number
  • Netwizard
    Netwizard Posts: 830 Forumite
    well depending how much the deposit was and now that you have booked the train tickets, I would pay him a visit in person and get your deposit back!
  • DUTR
    DUTR Posts: 12,958 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Monty_Zoomer wrote: »
    Didn't get a receipt - the transaction was done through Facebook messages.


    Maybe a question for the lawyers but does anyone know if he has good title to sell it if a deposit is paid?

    You paid money into a bank account, did the transaction state it was for a deposit, and did the recipient accept it was for a deposit.
    As far as I know though, yes they can sell it even if a deposit is placed.

    Monty_Zoomer wrote: »
    He was taking off the private plate and I wanted it taxed before I picked it up so we needed to wait for the V5 with new registration number

    Many take the plates off and do the necessary before advertising the vehicle.
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