Can I get deposit back on used car?

yogi_brrr

Hi all,
Today I put down a £100 deposit on a used car from a trade seller. I have since been on Autotrader and saw at least 2 other cars in my area (similar age and mileage, and nicer colour!) for £400 less than the price of the car I bought today. I haven't signed any contract, I just have an invoice for the balance and a till receipt for the deposit. The seller is going to put it through an MOT but I think if I call him first thing tomorrow morning I can prevent this, so it's not like he has spent money on it.
What are my rights if I want the £100 back ?


Many thanks !

wealdroam

yogi_brrr wrote: »

Hi all,
Today I put down a £100 deposit on a used car from a trade seller. I have since been on Autotrader and saw at least 2 other cars in my area (similar age and mileage, and nicer colour!) for £400 less than the price of the car I bought today. I haven't signed any contract, I just have an invoice for the balance and a till receipt for the deposit. The seller is going to put it through an MOT but I think if I call him first thing tomorrow morning I can prevent this, so it's not like he has spent money on it.
What are my rights if I want the £100 back ?


Many thanks !

This post might interest you:

Is a deposit ever refundable?

I wonder how many people he had to turn away after you left?

yogi_brrr

I put the deposit down at about 2pm today (Sunday). It's not a particularly desirable, and I believe, overpriced car so I doubt anyone will have shown any interest in it after I'd left. Thanks for the link

Hintza

yogi_brrr wrote: »

It's not a particularly desirable, and I believe, overpriced car so I doubt anyone will have shown any interest in it after I'd left.

So why did you leave a deposit?

yogi_brrr

Because I wanted it. It wasn't until afterwards I realised I could get the same car cheaper elsewhere. My fault I know that

yogi_brrr

Hintza wrote: »

So why did you leave a deposit?

But anyway, that's not relevant to the question. Appreciate some practical advice please

daytona0

yogi_brrr wrote: »

But anyway, that's not relevant to the question. Appreciate some practical advice please

It is relevant.. It is the most relevant thing which has been said/asked....

I've got a question which is relevant....

Think about being the seller here... Put an amount on how much you think he might be out o pocket due to your decision to declare interest by placing a deposit, what are you thinking?


Points to consider..

- Did the seller possibly contact people who had expressed some interest to let them know what a deposit had been made? Should that be the case then he potentially lost out on a sale

- Did he possibly turn back new inquiries?

- Has him booking an MOT caused him to be out o pocket in any way which he would otherwise not be had you not put a deposit down? - travel, phone bill, possible deposit, possible initial work at the garage? etc


I know you said that you "Doubt" anyone shown interest, and you might be absolutely right. But doubt is not concrete and as such you should theoretically be at least partially liable here because you have caused him to turn back IMPLIED opportunities.



The only question is whether the seller can prove that the 100 quid is reasonable losses in which case you're screwed. You should consider his possible losses, come up with an amount and ask 4 the surplus. Should you work out an amount around 100 quid then just give up lol

yogi_brrr

daytona0 wrote: »

It is relevant.. It is the most relevant thing which has been said/asked....

Hmm, not really since asking a bolting-the-gate-after-the-horse-has-bolted type of question is not going to get me my £100 back. Anybody with a keyboard and too much time on their hands can do that. The fact is I changed my mind. I have zero experience of buying cars. This is the first time I have had to buy one on my own. It happens. Kindly give me a break.

But yes, I do see where you are coming from. I have studied a little bit of contract law in the past and I know that for a contract to be binding, consideration must change hands. The only consideration given by the seller in this case is the potential lost opportunity of selling the car to another party during the 2 hours I paid my deposit and closing time. He will not have incurred any financial loss as long as I call him first thing and tell him to cancel the MOT. I even put some petrol in the car when I took it for a test-drive !!
I will just have to try and appeal to his better nature and seek part of the deposit back as a gesture of goodwill. If he refuses I could go to small claims ? Anybody tried this or know of a precedent ?

mrjam

Unfortunately you'll find that with this forum, the first thing many posters will try and do is pick holes with your story, turn the tables and make you look like the bad one, generally bullying (which is what it is whether certain individuals care to admit it or not).

I'll try and be a little more helpful and constructive as we all make mistakes.

Having bought around 12 cars in the past 3 years (i'm indecisive) i'll give you my experience.

Generally, the refund of a deposit is down to the individual dealer an what's been discussed beforehand. I always ask should there be a change of heart or circumstances for whatever reason is the deposit refundable, some say yes, some say no.

I've never had a dealer that has said "Yes, it's refundable" refuse to refund the deposit. On the flip side, i've never used a dealer where the deposit isn't refundable.

It may be worth contacting them as a prospect on another car, maybe get someone else to contact them showing an interest in another car and enquire as to whether if they leave a deposit it's refundable or not should they change their mind. At least that way you'll have your answer as a "general rule of the dealership" rather than feeling like they're just fleecing you in particular by refusing to refund.

I hope that helps.

yogi_brrr

Thanks Mr Jam. It didn't cross my mind to ask if the deposit was refundable and I don't recall the seller mentioning this. I was at that moment 100% convinced in my mind that I wanted that car.
Anyway, in the worst case scenario, even if I don't get my money back I will still be about £300-400 better off if I abandon this particular car and go for the cheaper one AND I can spare myself years of embarrassment from driving around in a banana yellow VW Fox, tee hee. I will just have to chalk it all up to experience...

daytona0

mrjam wrote: »

Unfortunately you'll find that with this forum, the first thing many posters will try and do is pick holes with your story, turn the tables and make you look like the bad one, generally bullying (which is what it is whether certain individuals care to admit it or not).

This may be called "consumer rights" but you have to bear in mind that sellers also have rights and as such the 1st thing to do is to establish whether customer has a legitimate issue or whether they are just being stupid/a crank. I suspect that is why many people come across as "bullies" on here