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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I have paid a deposit for a car and have a signed receipt fron

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I have paid a deposit for a car and have a signed receipt fron the seller. The seller says he has changed his mind and no longer wants to sell me the car but I still want to buy the car. Can I still go ahead?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

has he refunded the money?
Customer: replied 2 years ago.
No
Expert:  Jo C. replied 2 years ago.
On what basis does he say he can keep your money and not provide the car?
Customer: replied 2 years ago.
He says he will refund the deposit but hasn't done so. Can I refuse the deposit and insist buying the car
Expert:  Jo C. replied 2 years ago.

Thanks for the information and the time.

I am sorry but I cannot give you good news then. I’m afraid you are in difficulty here.

Obviously he is acting in breach of contract. You have a binding agreement to purchase the car and refusing to sell to you is a breach.

However, ultimately you cannot force specific performance of the contract I'm afraid. The only time you can do that is if the goods are literally unique. Something like a live animal would be a good example.

What you can do is sue him for damages. Its always difficult with vehicles because there is so much variation with used cars but if you had to buy a similar car at a higher price there is a theoritical claim for the difference in price.

Obviously he must refund your deposit.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo
Customer: replied 2 years ago.
The car in question is a collectors car , E Type Jaguar, would this qualify as unique?
Expert:  Jo C. replied 2 years ago.
You could try to argue that it is.

Its a borderline issue but its possibly worth an argument.

It depends if you are prepared to fund a court action for specific performance. Its effectively an injunction so its not cheap.

One option is to warn the seller than you will take this action and claim costs from him which might be enough to persuade him to comply.

Jo C., Barrister
Category: Law
Satisfied Customers: 69519
Experience: Over 5 years in practice
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