Recently I put down a £200 deposit to have a mini moved from Barkshire over to the mini dealership in Derby. On putting down the deposit I was guaranteed that if I didn't proceed with the purchase of the car I would receive my full deposit back. I have a transaction receipt with comments from the sales rep stating "Car subject to view and drive". Nowhere on the receipt does it say not-refundable.

After viewing and driving the car I made an offer which was rejected. I requested my deposit back and was enformed that it will not be refunded. The reasoning provided was that I decided not too purchase the car due to it's price rather than it's spec/drive etc.

Where do I stand with getting my deposit back and what would be the best course of action?

Thank you

I work in the industry. I would ask to see the manager and say something like; "I didn't like the alloys, and would've preferred a different colour interior. At the advertised price, I didn't feel that the car was perfect for me, and made an offer which reflected this. But the primary reason for not purchasing the car was that it didn't fully meet either my requirements or expectations".

I would go armed with a pen and paper and make notes of whetever he/she says to you. If they are not willing to play ball, don't shout and scream, just tell them that you will not be letting this drop and will be considering your options to recover the money. I doubt it will get beyond this.

I don't think you should get your deposit back, I used to work for a main dealer and if you had done that to me I would have kept your deposit for messing me around too. If you wern't happy with the price then why did you have them bring the car subject to view and drive? your obviously happy with the way the car drove as you made an offer for it.

Hi -- Legally you shot yourself in the foot by rejecting the car based on the price alone, that you were fully aware of before the car was delivered subject to this, "view and drive" agreement. Had you given any other reasons whatsoever to not proceed because you were unhappy with the cars characteristics i.e. performance, ride, handling, state of the bodywork or anything along those lines, then you could justifiably have expected the full return of your deposit.

The dealer has incurred costs in trying to fulfil the agreement by delivering the car for your inspection and appraisal, unless it was stated that the price was negotiable at the outset, then you do not have a right to the return of the deposit based on your rejection through price alone.

Agree with everything you say conmankiller

By paying a deposit, and/or signing an order, you entered into a legally binding agreement to buy the car. Under the sale of goods act, the dealer could persue any losses incurred by you choosing not to complete the purchase.

Dealerships are infact 'shops', there to make money. Taking into account the fact that the vehicle was transferred at your behest (which undoubtably cost money), added to that, the administration involved in inter-group vehicle 'loans' and too the salespersons time, which obviously included a test-drive.. the refusal to return your deposit is fair and reasonable.

Maybe there is a lesson to be learned here. The best time to negotiate a price is when your pen is hovering over an order form...Not after you've signed it and the seller has honoured their side of the deal!

I'm sorry dut I disagree. If you want to see a car that is in group stock, it is in the dealer's best interests to get it in for you to see and/or drive it. The deposit was not an order in my view, otherwise it would've been the standard deposit, which I assure you is not £200.

I agree that this chap should've used different reasons, but the fact is that buying a car is NOT like buying a bottle of milk, and is price negotiable.

Unless it was a condition of the dealer getting it in that the price was non-negotiable, I believe he has a case for getting his deposit back. The fact that the sales rep wrote "view/drive" on the request is not a valid reason to withold it, in my opinion.

Rob

I absorb what you are saying, but this dealer has a reasonable right to hold the deposit in this case to cover the costs incurred, particularly as they took a big gamble on giving the prospective purchaser many other sound reasons to withdraw from the deal on other grounds.

Had he withdrawn for any other reason than the price, which I take it would have been fully understood before delivery expenses had been incurred by the dealer, then I believe he would have been justified in expecting the full return of the deposit.

A trader does have the right to withhold reasonable costs incurred where a purchaser has not gone ahead with an agreement, in this case the prospective purchaser withdrew because of the price which they already knew beforehand, had they stated they were unhappy with that price then the dealer would not have gone to the lengths they did or incurred the costs they did, or at least would have had the choice.

If they had intended to haggle then that should have been done before the delivery costs had been incurred, and the dealer assumed that the prospective buyer was happy with the price and intended to finalise the deal, on condition that he was happy with the, "view and drive" agreement.

PS -- A deposit paid on a bottle of milk, where the milkman incurred delivery costs could also be witheld in the same situation. : -- )

I think we're going to have to agree to disagree on this one. I work in the trade, and know that requests to get stock from another site are common practice. But small deposits are only taken to sift out the timewasters. It is not a case of a transporter making a special trip to pick this car up. If it was I would agree with you.

In actual fact it takes one e-mail/fax, and the car is taken to a depot on a vehicle returning from delivering stock to the dealer with the car. It's then added to the transporter which is already taking stock to the dealer who requires it. No special journey. No expense.

Like I said in a previous post, if it had been a purchase order I would agree with you. But the buyer has a right to place a value on the vehicle AFTER he has seen it.

Rob

Yes, No problems with the difference of opinion... I was merely pointing it out from a legal standpoint, of which used to be my profession.

I hear what you are saying, but a trader is allowed to recover reasonable costs incurred. Had the garage claimed it actually cost them more to deliver the car and could prove it, then under these terms had pre- warned him, they could invoice him for the extra.

Thankyou all for your comments, obviously your opinions are split 50-50 and I resepct them all.

In terms of the current situation, I sent a letter to the dealership and it's holding company Pendragon PLC stating the situation and what happend.

In the letter I stated I made the offer for the car based on the condition of the cars interior (the leather had numerous scuffs and tears). This was before I read your posts so I've not changed my story just to meet the criteria set in your arguments.

I will give 7 days for a response and then if I receive no response or it's not satisfactory I beleive my best course of action is to contact my citizens advice bureau and discuss this with them.

I feel hard done by as not at any point was I told that I may not receive my deposit back, in fact I was guaranteed I would if didn't go ahead with the purchase. Call me naive to beleive what they were saying but the service I had received up until this point had been very good.

Thanks again.

I believe the term in the motor trade is tyre kicker

Ritzy, have you signed anything? How were you going to pay the balance, cash or dealer finance?

I am amazed that anyone would pay a deposit to view a car that the dealership wants you to buy. If they want the business, they'll show you the car for free (I know I do).

My fear is that Ritzy has signed an order subject to viewing, with the price of the car on the bottom. In this case, if the car has been rejected on price after having entered into the agreement, Conmankiller is spot on.

If somebody signed an order and left a deposit with me, subject to viewing, then haggled on price when it got there their deposit would be kept. (Unless they were financing the balance).

JJ

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You gotta tie yourself to the mast my friend, and the storm will end.

O dear .... dear ....

It doesn't matter if he signed a contract or not. He rejected the car because of: "the leather had numerous scuffs and tears" and after that made a lower offer. The contract was subject to viewing. Tell them that you will go with them in a small claim court and you will have your money in three days.

Eugen

JJ wjat kind of cars do you sell?

You gotta tie yourself to the mast my friend, and the storm will end???