quick legal advice needed!! :(

stoofa said:
"Don’t assume that you can change your mind if you sign an order to buy a car. You could be in breach of contract if you cancel. You might lose your deposit and the trader could try and recover any additional losses from you. There are exceptions to this. If you agree to buy the car on finance arranged by the trader, you may be able to withdraw from the agreement before it has been ‘executed’ i.e. signed by all relevant parties. You should then be able to recover your deposit."
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He hasn't signed anything though, so is that quote entirely applicable?
 
I'm sure i heard ages ago something like if you put a deposit down in a private sale they dont have to refund you but if its trade then they have to. Obviously that depends if you sign anything and is probably aload of bull but i dunno.
 
Epic fail here.

Firstly you were so into buying a Yaris you put a deposit on it. Now you've decided to buy a hot hatch instead? Whats suddenly changed? Nothing - just impulse. If you impulse buy a Cooper S when you are in reality in the market for a Yaris you are very foolish. It will cost a lot more money to run and you wont get the benefit out of it that justifies the cost if you are the sort of person who, 30 minutes before you saw it, was buying a Yaris.
 
Kenai said:
He hasn't signed anything though, so is that quote entirely applicable?
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Maybe not that exact quote - however he has still agreed to make the purchase.
The seller will in the worst case be able to force the sale through.
Or accept his deposit and reasonable costs.
So OP is either going to end up with the car or out of pocket.
 
If you haven't signed a single thing, I would return to the dealer and say you'd like your "holding fee" back. If they refuse, tell them the salesman told you it was a refundable holding fee (don't use deposit as there may be signs in places saying "all deposits are non-refundable", but they won't use the term holding fee).

As you have not signed anything it becomes your word against theirs. If you kick up enough fuss it is highly likely they will simple return your "holding fee" as you could sue them for it, and that just isn't worth the hassle when they have not actually incurred any realised loss.
 
[TW]Fox;17049619 said:
Epic fail here.

Firstly you were so into buying a Yaris you put a deposit on it. Now you've decided to buy a hot hatch instead? Whats suddenly changed? Nothing - just impulse. If you impulse buy a Cooper S when you are in reality in the market for a Yaris you are very foolish. It will cost a lot more money to run and you wont get the benefit out of it that justifies the cost if you are the sort of person who, 30 minutes before you saw it, was buying a Yaris.
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Gotta agree with that, my standard cooper drinks petrol compared to my old Seat 1.4 so a cooper S compared to a Yaris which is a 1.3 iirc is going to eat a lot more fuel, plus the insurance is going to be much higher as well.

Still have to wonder why the hell you put a deposit down on a car you haven't even sat in, may be worth test driving another Yaris ( for the love of god don't go back to the same dealer though) and seeing what you think, i would say test the Cooper S as well but do that and you will definately end up with one as they are awesome to drive.

As for the 200 quid you will most likely not see it again, but although verbal contracts are every bit as legally binding as written ones, they are a complete bitch to prove, so unless they recorded the call they aren'g going to waste time arguing about it and will just flog the car on to someone else.
 
PMKeates said:
If you haven't signed a single thing, I would return to the dealer and say you'd like your "holding fee" back. If they refuse, tell them the salesman told you it was a refundable holding fee (don't use deposit as there may be signs in places saying "all deposits are non-refundable", but they won't use the term holding fee).

As you have not signed anything it becomes your word against theirs. If you kick up enough fuss it is highly likely they will simple return your "holding fee" as you could sue them for it, and that just isn't worth the hassle when they have not actually incurred any realised loss.
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ubersonic said:
Mate you have entered a legal contract to buy the car and given a deposit via a credit card, contrary to what those old anti piracy adverts said a verbal contract is legally binding under UK law. You may not have signed anything but the deposit you paid via a credit card is see as you entering a contract.

If you do choose to back out then best case scenario you lose the £200 and have to reimburse the dealer for any expense they have gone to on your behalf (i.e taxing the car) it is however possible they may be able to legally force you to fulfil your contractual obligations.
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I dont profess to know but conflicting advice much ocuk ???
 
ubersonic said:
Mate you have entered a legal contract to buy the car and given a deposit via a credit card, contrary to what those old anti piracy adverts said a verbal contract is legally binding under UK law. You may not have signed anything but the deposit you paid via a credit card is see as you entering a contract.

If you do choose to back out then best case scenario you lose the £200 and have to reimburse the dealer for any expense they have gone to on your behalf (i.e taxing the car) it is however possible they may be able to legally force you to fulfil your contractual obligations.
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b****ks.

He hasn't signed squat. He paid a "holding fee" like PMKeates said.
 
Howard said:
b****ks.

He hasn't signed squat. He paid a "holding fee" like PMKeates said.
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Colourful language there, ill try and simplify this, had he paid cash for the deposit he would have had more ground to stand on but as he used a credit card he has effectively validated the contract without signing anything, this is how credit cards work, he hasn't given them money he has instructed mr visa or mr mastercard to give them money on his behalf.

When you enter into a contract to buy goods, it becomes legally binding once you have made the offer and the seller has accepted your offer to buy.

The trader can withhold a reasonable amount of damages to cover his costs. This may include loss of profit.
 
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