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Getting deposit back on a van


redmoosefaction
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I once put a deposit down on a new Landrover HiCap as there wasn't a 130 single cab pickup anywhere. I asked the dealer in Nottingham to do a round robin of LR stock and was told there wasn't one in stock anywhere. Two days later I saw one advertised in Stratford - the agent in Nottingham just said "Tuff, you've just lost 1700 quid".

 

Needless to say I got the 130 and never went near the dealer in Nottingham again, and at that time I was after a 4.2LSE Range Rover as well. So he lost a bit more than that over the years!

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As i understand it the deposit is your guarantee that you will honour the deal, and it is what covers the vendor for keeping the item for you and not selling it. I think it is legal, and it is understood that if you dont fulfill the deal, you have lost the deposit. I could be wrong, as some deposits are stated as 'non-refundable', such as holidays etc. The best you can do is be totally straight with him and see what he comes up with.......maybe after getting clarification from the likes of Citizens advice.

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A verbal agreement doesn't seem to mean much these days. I've been trying to buy a 4x4 this week, After being let down a couple of times I made the point of saying that I coming a long way to veiw so would they mind keeping them till I got there. All four said yes no worries mate, all four had sold them when I had got there - two were about 100 miles away! Thats the last thing I'd do to someone, but some folk just don't care!

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Ask him, you've got nothing to lose, ok you have a deposit but if you don't ask you might not get anything back.

 

A verbal agreement doesn't seem to mean much these days. I've been trying to buy a 4x4 this week, After being let down a couple of times I made the point of saying that I coming a long way to veiw so would they mind keeping them till I got there. All four said yes no worries mate, all four had sold them when I had got there - two were about 100 miles away! Thats the last thing I'd do to someone, but some folk just don't care!

 

On another forum i go for Land Rovers, if we've been looking at buying things on Ebay or from the other end of the country we ask someone that lives in the area if they could go look at the vehicle, take pictures and post them up. Sometimes even collecting the vehicles and moving them around the country by passing them on to the next nearest forum person to get to it's destination. Quite good if your not in a rush for something and the seller it charging more for shipping than the actual item.

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A verbal agreement doesn't seem to mean much these days. I've been trying to buy a 4x4 this week, After being let down a couple of times I made the point of saying that I coming a long way to veiw so would they mind keeping them till I got there. All four said yes no worries mate, all four had sold them when I had got there - two were about 100 miles away! Thats the last thing I'd do to someone, but some folk just don't care!

 

You only had a promise to let you view the vehicles, not buy them, so you are not offering any consideration( ie payment or exchange of goodwill) for your half of the bargain. This means your agreement is a nudum pactum, or bare promise, which is not legally enforceable, albeit poor business practice. Had you agreed to buy the vehicle for a set price, you would be in a position to sue for breach of contract, either to obtain a decree of specific performance to sell you the vehicle (normally only in the case of a rare item) or to award you any extra expense in purchasing a comparable vehicle ie if you had agreed a price of £3,000 and could only find a replacement for £3,500, you should be awarded the balance of £500.

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