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I paid a deposit for a car that isn't available - can I get it back?

I recently spotted a nearly new approved used car at a local dealer on the BMW UK website which was exactly what I was after. It was advertised as available, not as "coming soon", so I assumed it would be at the dealer. I phoned them and they said that to secure the car I needed to put down a deposit, so I did, agreeing that any deal was subject to a satisfactory inspection, test drive and negotiation.

Three weeks later and the car has yet to appear at the dealer - but they still have my deposit. How long is a reasonable period for them to be able to produce the car? Can I claim my deposit back, based on their inability to produce the car?

Asked on 18 January 2013 by EricPoddlesham

Answered by Honest John
Yes. If they cannot produce the exact car you placed your deposit on they are in breach of contract and must immediately refund your deposit.

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