Paid deposit for car , my circumstances have changed. I have not signed anything. Its from a dealer. I paid a $1000 to hold vehicle. Thanks.
tony9,
Mar 4, 5:24am
Have you asked the dealer, and nicely explained your circumstances? If the deposit was only to hold the vehicle for you they may be happy to refund. What does the paper work say?
msigg,
Mar 4, 5:27am
Yes please ask the dealer, no good getting all the wrong opinions on here. Go plead your case straight away.
tamarillo,
Mar 4, 5:29am
Under contact law a contract to buy a motor vehicle must be in writing to be enforceable. But do go ask nicely an explain circumstance, only if you meet a wall do you need to point out there was no written contract which is required in law. Damn sure dealer will refund though. This isn't legal advice so seek own counsel if need be.
kazbanz,
Mar 4, 5:30am
OK step by step here 1) WHEN did you pay the holding deposit? 2)What paperwork was given to you? 3)What were the specific conditions of the deposit? 4)was this deposit paid for a car in stock or was the dealer importing it for you? 5) in what way have your circumstances changed to make it impossible to carry on with the deal? 6)What does it say on the receipt you would have been given for the deposit? Not doing my dingaling is bigger than his dingaling but in this specific case I do know what I'm talking about.
kazbanz,
Mar 4, 5:37am
_need to get the facts from the OP first for example--NO paperwork dodgy dealer says "what deposit? " -no proof so gently gently catchee monkee. Or it turns out OP did in fact sighn a receipt for his thou and it says non refundable deposit.
tamarillo,
Mar 4, 6:01am
All correct and understood! You're right. I knew the bit about contract law, and checked quickly to make sure, but it's more complicated it's true.
tgray,
Mar 4, 7:49am
If anyone gives me a deposit, I only ask for $200 and a receipt is supplied in writing stating it is non refundable.
survivalkiwi,
Mar 4, 7:56am
I am not a car dealer or am I in this industry, But whats the point in giving or recieving a deposit if it is not binding?
snoopy221,
Mar 4, 8:52am
ryan you either have or have not seen kaz post herin he IS reputable and trustable and take note of what he has posted and reply to his post thank you
tamarillo,
Mar 4, 8:59am
Survival kiwi - In answer to this question (not OP's) the law is that some contracts must be made in writing to be recognised as legally binding. One of them is 'contracts for the purchase of a motor vehicle from a dealer '. Morally you might have a point, and this may not be relevant to OP but there's an answer to question, I hope. Consumer affairs does a good job in making info available and easy. Have a look here if interested. http://www.consumeraffairs.govt.nz/for-consumers/services/contracts Cheers.
tintop,
Mar 4, 9:03am
Yep - Agree :)
kazbanz,
May 17, 6:57pm
SK--deposits are binding --on the dealer. Sorry for the dripping sarcasm but the general public can be utterly dishonest. even if a dealer wins the legal and even moral battle they have still lost the sale. heard of trial by media? Have a read back through just this forum and you'll see people who for one reason or another have looked for reason to cancel a contract. The VOSA can be sighned, Every I dotted and T crossed. The car registered to the "buyer" and still they feel they can change their mind. yet if the dealer tried the same in reverse there would be hell to pay. Nowadays I give the impression of forgetfull old fart. I repeat myself 3 times re the T and C of the deposit before I take one. and always give the customer a copy of the VOSA. Cynical much ?--Yep but you have to be to survive in this industry.
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