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Ford Focus - Used Car Dealer!!! Help Needed!!!! - pellis1978

Hi,

I need some legal advice. I saw a Ford Focus which was a category D write off. In my opinion, it looked of good quality, low mileage and at a good cost (8000 miles, 1 owner and I year old). The dealer said that he had 5 people interested in it and not wanting to lose it I paid a initial £300 deposit.

However, speaking to my insurance, and due to the fact it will also be used as a family car, I wanted peace of mind and know the car was road worthy so I purchased a comprehensive vehicle inspection with the RAC before I paid the remaining balance. The website for the car even said they 'welcomed any inspection'.

When I told the dealer I wanted to do this but the inspection could only happen later in the week he said that our agreement for the £300 deposit was that I paid for and collected the car the next day and that he couldn't wait that long due to him having other people ready to buy the car and said in a roundabout way that he wouldn't return my deposit even though the piece of paper I signed about the deposit had nothing on it which said I had a limited time to pay for it.

My question are:

can he legally keep my deposit? Surely its the dealer who is breaking the contract as I still have every intention to buy the car albeit slightly later than he wanted?

If I buy the car now and the report then finds something significantly structurally wrong how easy would it be for me to then return the used car to the dealer and ask for my money back?

Thank you in advance for your help!

Ford Focus - Used Car Dealer!!! Help Needed!!!! - tony g
Hi,
I think the key to your dilemma ,is that you paid a deposit before you decided to have an rac inspection done .

The inspection wasn't part of your initial agreement to purchase ,therefore you are attempting to vary your agreement with the dealer and are in breach of contract .it follows that the dealer is entitled to keep your deposit .What you should have done is agreed to buy it subject to an rac inspection .

If you consider it from the dealers perspective ,he would hold the car for a week for you ,if the rac report doesn't meet with your approval ,he's been holding a car that he could have sold to a less cautious buyer .

Although the receipt says nothing about the length of time you have to pay the balance ,it's a red herring ,it doesn't have to give a date for the balance .

You can't vary any agreement after you have agreed to purchase ,other than agreements covered by distance selling legislation
Ford Focus - Used Car Dealer!!! Help Needed!!!! - nortones2

Ruggish TG! If the dealer has a queue of people wanting to buy the thing, then he's suffering no loss. Penalties are illegal under contract law. Deposit must be returned in my non-binding view.

Ford Focus - Used Car Dealer!!! Help Needed!!!! - tony g
(Ruggish )
Dyslexia ? Whether the dealer has other people waiting to buy is not the issue ,breach of contract is .

Retention of a deposit is not a penalty ,if a buyer is foolish enough to sign a contract having invited himself onto premises ,i.e. not been cold called at home.
Then a contract is formed on signature between both parties , thier is no cooling off period , in addition the contract can only be varied by agreement with both parties .

You break the agreement or try to impose different terms you loose your deposit .In addition why should a business be messed about by so called adults ,who want to mess about after they have made a commitment .

Just imagine how a buyer would feel having agreed a deal with a seller, to say that 4 new tyres would be fitted to a car ,the dealer then says no I'm not going to do that just before the buyer collects his car .its wrong .





Ford Focus - Used Car Dealer!!! Help Needed!!!! - nortones2

Unless the dealer can show costs were incurred, he must return the deposit. It is an unreasonable stance to retain the whiole deposit. OP needs to get legal advice.

Ford Focus - Used Car Dealer!!! Help Needed!!!! - tony g
Sorry your wrong ,see below an extract from a trading standards website entitled refunds and deposits .

( Sometimes when you agree to buy something you may be asked to put some money down to secure the item. This is usually known as a deposit. It means that you are entering into a LEGALLY BINDING CONTRACT, with the seller, for the goods.
It is a sign of good faith that you have agreed to make a purchase. If you change your mind for whatever reason a trader DOES NOT HAVE TO GIVE YOU YOUR DEPOSIT BACK. )

Tony g
Ford Focus - Used Car Dealer!!! Help Needed!!!! - nortones2

I am very doubtful of the TS simplistic and dogmatic approach. They aren't usually that courageous! And I counter the opinion of TS with this: tinyurl.com/95ndwpa

This is the relevant part: "the trader is entitled to compensation because you have broken the agreement for goods or carrying out a service so keeping part or all of the deposit might be reasonable if the trader has spent money based on your order.

The OP needs legal advice which can take into account who said what, and what pressure was applied etc.

Edited by nortones2 on 15/10/2012 at 21:08

Ford Focus - Used Car Dealer!!! Help Needed!!!! - tony g
( If you change your mind and it seems reasonable for the trader to keep the deposit because they have already spent money based on your order then you do not have to pay any more than the amount of the deposit. )

The above is an extract from the citizens advice site you quote ,your use of the information their is selective and misleading .

The relevant part is ,( then you do not have to pay any more than the amount of the deposit .)

Ford Focus - Used Car Dealer!!! Help Needed!!!! - nortones2

Under contract law the aggrieved may only retrieve what is due. Thus, if dealer X spent Y on preparing the car for sale, that would be a reasonable claim to make against the depoist if X would otherwise lose on the deal. . However, if there is a queue of punters, dealer X has lost nothing because his preparation costs are the same for each buyer. To claim all the deposit is unreasonable, and wrong. Two final points: 1. the OP needs to get advice where all the issues are taken into account. 2. I provided not only a link to CAB but also the gist, in my view consistent with the line I took, that in contract law a penalty is unsustainable. So less of the "your use of the information their is selective and misleading " crap please.

Ford Focus - Used Car Dealer!!! Help Needed!!!! - tony g
also the gist,( in my view )consistent with the line I took, that in contract law a penalty is unsustainable.)

Again .A retention of a deposit is not a penalty ,you agree to pay a deposit as part of a clear contract that you willingly sign ,if you attempt to vary or cancel that contract you loose your deposit .
Trading standards say the above is correct as do the citizens advice bureau whose opinion you introduced .

You then say (in my view ).How can you seriously offer your unsubstantiated opinion as a counter argument to written information from these two authorities .
If you want to persist in the idea that a penalty is involved ,make the effort ,find a written opinion ,other than your own ,that confirms your point .