Buying car refund

chriz1

Hi all, 

I saw a car advertised in autotrader left a £500 deposit with the large garage group and plan to pick the car up a few days later because they wanted the funds cleared before I picked up I sent half the cost if the car and the rest to be paid after I actually see it and test drove it. 

We have since decided we wpuld be better off with a diesel model so don't want to go ahead with the Sale. Will this be possible ? I haven't physically seen the car in person or test driven it yet just from pics and video .

Aylesbury_Duck

What were the terms of the deposit and the part payment you've made?  What does the contract say?

chriz1

I guess it comes under distance selling as I haven't seen the car or been to dealership in person yet

pinkshoes

chriz1 said:

I guess it comes under distance selling as I haven't seen the car or been to dealership in person yet

Not necessarily. It depends what the T&Cs state.

A deposit is often money put down to stop the car being sold to anyone else rather than against the specific goods you're buying.

They wouldn't be able to keep the full £500 but depending on the T&Cs then might be able to deduct a small amount to readvertise.

Aylesbury_Duck

chriz1 said:

I guess it comes under distance selling as I haven't seen the car or been to dealership in person yet

Why are you guessing?  Look at the contract.

Aylesbury_Duck

pinkshoes said:

chriz1 said:

I guess it comes under distance selling as I haven't seen the car or been to dealership in person yet

Not necessarily. It depends what the T&Cs state.

A deposit is often money put down to stop the car being sold to anyone else rather than against the specific goods you're buying.

They wouldn't be able to keep the full £500 but depending on the T&Cs then might be able to deduct a small amount to readvertise.

OP has paid half the cost of the car on top of the deposit.

Alfrescodave

Does the same garage group have a diesel car that you might want?  If so, they might be more agreeable to you "transferring" the deposit paid to a different vehicle.

chriz1

No they don't unfortunately Alfrescodave said:

Does the same garage group have a diesel car that you might want?  If so, they might be more agreeable to you "transferring" the deposit paid to a different vehicle.

Alderbank

pinkshoes said:

chriz1 said:

I guess it comes under distance selling as I haven't seen the car or been to dealership in person yet

chriz1 said:

I guess it comes under distance selling as I haven't seen the car or been to dealership in person yet

pinkshoes said:
 Not necessarily. It depends what the T&Cs state.

I disagree. Whether it is distance selling or not is determined entirely by the facts of the case, not by what the T&Cs state. The T&Cs cannot remove or override the consumer's statutory rights given in the Consumer Contracts Regs 2013.

As @chriz1 says, the facts here are clearly within the definition of 'distance contract' given in Reg (5) of CCR2013.

dumpster_fire2025

Alderbank said:

pinkshoes said:

chriz1 said:

I guess it comes under distance selling as I haven't seen the car or been to dealership in person yet

chriz1 said:

I guess it comes under distance selling as I haven't seen the car or been to dealership in person yet

pinkshoes said:
 Not necessarily. It depends what the T&Cs state.

I disagree. Whether it is distance selling or not is determined entirely by the facts of the case, not by what the T&Cs state. The T&Cs cannot remove or override the consumer's statutory rights given in the Consumer Contracts Regs 2013.

As @chriz1 says, the facts here are clearly within the definition of 'distance contract' given in Reg (5) of CCR2013.

They'd be entitled to the half back but the dealer would be entitled to keep at least some of the deposit if holding the car for the OP cost them money. That could be depreciation costs (unlikely), costs to valet it etc.