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UK-Justice
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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I signed an agreement today to purchase a used car from a Ford

Customer Question

I signed an agreement today to purchase a used car from a Ford dealership, and left a £500 deposit.I've had second thoughts,and realised it's not what I really wanted. could you tell me what the legal position is regarding cancelling the deal.
Submitted: 3 years ago.
Category: Law
Expert:  UK-Justice replied 3 years ago.
Thanks for your question, my name isXXXXX will do whatever I can to help you today.

Does the agreement allow for you to cancel?
Customer: replied 3 years ago.

the contract states that if I fail to take and pay for the goods within 14 days of notification that the goods have been completed for delivery,the seller shall be at liberty to treat the contract as repudiated by the purchaser and thereupon the deposit shall be forfeited without prejudice to the sellers right to recover from the purchaser by way of damages any loss or expense which the seller may suffer or incur by reason of thepurchasers default.

Expert:  UK-Justice replied 3 years ago.
Thanks.

You can cancel the deal but you will lose your deposit.

You do not have a right to cancel and get your deposit back. There is no cooling off period (assuming you signed on the premises).

So yes you can cancel - but you will not be able to get your deposit back.

I am sorry if this is not necessarily the answer you are after but based on what you have said, this is the legal position.

I hope this helps and if there is anything else I can do to help you today please let me know.


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UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience: Called to the Bar in 2007
UK-Justice and 2 other Law Specialists are ready to help you
Expert:  joannem1965 replied 3 years ago.
Hi there just because the contract says you'll lose your deposit doesn't mean that's the case. There's law that protects consumers called the Unfair terms in consumer contracts Regulations of 1999 which says a business seller has to refund a customers deposit unless they've already spent some time and money on the sale. I'd very much doubt that in the space of less than a day they've spent much money or time to prepare the car for your sale so they should return all, or at least the majority of your deposit. You can check here: http://www.justice.gov.uk/downloads/claims-regulation/Unfair-Contract-Terms-Guidance-for-consumers.pdf - it says that an unfair term could be one that allows a trader to keep all of your deposit when you cancel
Expert:  UK-Justice replied 3 years ago.
I disagree with the other expert.

The Unfair Terms in Consumer Contracts Regulations 1999 state:

"A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer."

Just because you change your mind does not mean that the term is unfair.

Indeed the expert does not say for sure that the term is unfair.

So that advice is misleading.

I hope this helps and if there is anything else I can do to help you today please let me know.


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.

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