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I am rejecting a car for paint damage - can I get my deposit back?

I gave a deposit for a used Alfa Romeo and agreed a date to pick the car up. The day before, I received a phone call telling me I cannot pick the car up that day because it has some paint damage that needs repairing. When I agreed the price a week earlier and test drove the car it was fine, no damage. I have cancelled buying this car, can I get my deposit back?

Asked on 9 December 2021 by Steven

Answered by Dan Powell
The answer to this will depend on the cause of the damage.

If the car has been involved in an accident since you looked at it then yes, you are entitled to a refund of your deposit.

However, if the dealer argues that the damage was already present (and you didn't see it when you inspected the vehicle) then no, you may not be entitled to a refund. This is because the burden falls on the buyer to identify small areas of damage (dent, scratch). If you didn't see the damage then the dealer may argue that he/she is not to blame and insist you buy the car or forfeit your deposit.

As with all things, it's best to work with the dealer. They may be happy to return your money and sell the car to someone else.
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