Is deposit on car refundable? Q on Google Answers

[ajapale]

I came across the following question on Google Answers. GA are looking for $30 for the answer. Perhaps some one in AAM could answer the question for free.

answers.google.com/answer...?id=395515

Subject: Deposit Refundability in Ireland
Category: Business and Money
Asked by: anaim an fear -ga
List Price: $30.00
Posted: 01 Sep 2004 04:38 PDT
Expires: 01 Oct 2004 04:38 PDT
Question ID: 395515

Is my friend legally entitled to have her deposit refunded in the following situation? (In the Republic of Ireland)

My friend viewed a car at a car dealers. She liked the car, and put a booking deposit on it in cash (I assume there was no mention made of refundability at that point). The very next day, she found a different car elsewhere that she liked better, and so she went back to the dealer to get her eposit back because she had changed her mind. The dealer refused to refund the deposit.


ajapale

 

[rainyday]

I've no idea of the legal situation, but I'm often amazed at how many people seem to expect that all deposits are refundable all the time - What the heck do they think is the purpose of the deposit? If it is refundable, it is of no value to the seller.

 

[Marion]

Rainyday, I know that you cleverly qualified this with all deposits refundable all of the time, but hey ...

...lots of deposits are refundable lots of the time. [Just watched legally blond! ] It would depend on the terms and conditions attaching.


Marion :hat

 

[Csider]

No

No she is not entitled to the deposit back and in fact she has entered into a contract to buy the car which the dealer could enforce against her if he wished to pursue the matter in court which he is unlikely to do.

Property is different because a written contract is required but for other goods and services no written contract is required