Getting back a deposit

T

tradesman

Registered User
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29
Hi
Looking for some advice,
my father agreed to buy a campervan from a garage on saturday and put down a deposit....Having got some advice on saturday night he decided he did not want to poceed with the deal so rang up the garage on sunday morning and said he did not want to buy the campervan,
They have said he would loss his deposite even though it was less then 24 hour since he had agreed to buy...
Can he get the deposite back and where does he stand from a leagle point of view????
 
Are we talking new here or 2nd hand campervan, and also what has been written down ie receipts/ contracts etc?
 
"If you pay a deposit to a supplier who, in return, holds an article for you and you change your mind about paying the balance the supplier may not in all these circumstances be obliged to return your deposit."

from here: [broken link removed]

as carcity mentioned, was there anything in writing, or is there another camper van that your dad might be interested in from the business? they might let him use the deposit on that..
 
Exactly. He agreed to buy it. He then changed his mind. Therefore he quite rightly looses his deposit.
 
bacchus said:
What's the meaning of a deposit if it is refundable?
Click to expand...

I would see it as a type of 'call option' on the goods/services.

i.e. the seller is granting you exclusive rights to purchase the goods services but you are not obliged to do so and there is no penalty for non-completion.

The general rule is that all deposits are non-refundable unless otherwise stated.

To the OP-legally it would appear your father is entitled to nothing. If he could prove that the van was not fit for sale/purpose etc. then I guess he could get his deposit back, but it doesn't sound like this is the case (unless this was the advice he received subsequent to putting down the deposit-but I suspect this isn't the case?). He could try to negotiate putting the deposit towards another purchase from the garage (be it a van, car or indeed service/parts), but this would really depend on the goodwill of the seller.

Disclaimer: IANAL
 
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