Left Deposit on Unseen Car Now Changed My Mind

452

shaun_from_Africa said:

452 said:

shaun_from_Africa said:

Travelling to the dealership to collect the car doesn't automatically mean that the sale no longer qualifies as a distance contract.
All that is required is that the contract was concluded at a distance, it doesn't have to be entirely completed at a distance. All that conclusion of the contract means is that it has  been formed and the buyer is required to provide consideration for the goods and the seller is required to provide the specified goods.

When is the deal concluded? If there's finance involved then that would be on the day of collection.

A contract is concluded when the buyer becomes liable to pay and the seller becomes liable to provide the goods in question so no, it doesn't have to be on the day of collection. In the case of there being finance involved, the contract would be concluded when the finance contract is accepted by all parties.

Like I said with finance that may be on the day of collection. Some garages don't put it through until then. 

shaun_from_Africa

452 said:

Like I said with finance that may be on the day of collection. Some garages don't put it through until then. 

But you didn't say that did you?
What you actually said was:

452 said:

When is the deal concluded? If there's finance involved then that would be on the day of collection.

There is a big difference between "would" and "may"
Even if there is finance, the contract for the purchase of a vehicle and the contract for the finance may be two separate contracts  and I doubt if many garages would prepare a car ready for a customer to collect and then only put in the finance paperwork on the day of collection. What happens if the finance company is closed or the finance application isn't approved?

AdrianC

shaun_from_Africa said:

AdrianC said:

Given that the deal involved you travelling to the dealer to collect the car, I don't believe it would come under DSR. It's simply a bit of advance buyer's remorse.

Travelling to the dealership to collect the car doesn't automatically mean that the sale no longer qualifies as a distance contract.
All that is required is that the contract was concluded at a distance, it doesn't have to be entirely completed at a distance. All that conclusion of the contract means is that it has  been formed and the buyer is required to provide consideration for the goods and the seller is required to provide the specified goods.

Except the contract isn't concluded off the premises - it won't be concluded until the OP visits the dealership and agrees that they want the car. Right now, it's just an option to purchase, with a deposit refundable if the car does not meet their approval, presumably with Ts & Cs surrounding the vehicle's condition and acceptable reasons. "I've changed my mind and don't want to even see it" is almost certainly not grounds for backing out and getting the deposit refunded.

shaun_from_Africa

AdrianC said:

Except the contract isn't concluded off the premises - it won't be concluded until the OP visits the dealership and agrees that they want the car, 

I agree, which is why I stated that:

shaun_from_Africa said:

Travelling to the dealership to collect the car doesn't automatically mean that the sale no longer qualifies as a distance contract.

as it will depend on the specifics of the actual sale and what had previously been discussed and agreed.

Rolandtheroadie

Bought my current car paying a deposit that they stated was fully refundable as long as I had viewed the car. 
 Paid the deposit, they put it through their workshop, I travelled the 250 miles, liked what I saw and brought it home. 
Who knows if they would have willingly refunded the deposit had I decided not to take the car, but I had the email's stating they would, as long as I viewed in person. 

 Paid the deposit on a credit card as well, just incase.

markavfc2

Just an update. I decided to travel to view the car as wasn't sure either way but after viewing decided it wasn't for me. The dealer then gave me the £500 deposit back.
Thanks to all those who took the time to advise me.