How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask UKSolicitorJA Your Own Question
UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
62162956
Type Your Law Question Here...
UKSolicitorJA is online now

Wondering what the law is on deposits. I made a deposit on

Resolved Question:

Wondering what the law is on deposits. I made a deposit on a boat "subject to finance". If I am not happy with the terms of the finance I would assume I get my deposit back. Boat company is saying that this is only the case if in their view the offer of finance is unreasonable. Nothing on the document laying this out. Nothing on whether the deposit is refundable or non-refundable
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

If there is an ambiguity in the terms of a contract, it is usually held against the drafter of the contract, so if the contract came from the boat company, it would be interpreted against them, this is the contra proferentem rule in law, see here

http://uk.practicallaw.com/4-383-2653

So, yes you could argue that if you are not happy with the finance, the deposit should be refunded.

If they fail to pay you back the deposit, you may make a court claim for the money, if up to £100K, online at www.moneyclaim.gov.uk

May I help further?
Customer: replied 3 years ago.
Thanks, ***** ***** more question. Isn't there a ruling that requires the drafter of a contract such as this to state that the deposit may not be refundable (and circumstances) or at least advise the customer at point I of sale?
Expert:  UKSolicitorJA replied 3 years ago.
Not in your case as such, but yes, you could argue that if the deposit was not refundable, this would have been set out clearly and explained to you.
UKSolicitorJA and 3 other Law Specialists are ready to help you