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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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On Friday last week, three days ago, we signed an order for

Resolved Question:

On Friday last week, three days ago, we signed an order for a second hand car and paid a a deposit of £250. The finance arrangements are to be completed on Thursday this week and the cash balance paid on collection on this Friday. My partner who is buying the car is having doubts as to whether she has made the right decision in buying the car. Has she got the right to cancel the order and will she have to forfeit the deposit already paid. Regards.
***** *****
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello Ken my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know whether you signed the order on the dealers premises?

Customer:

Alex,

Alex Watts :

Ken

Customer:

The order was signed on the dealers premises

Alex Watts :

Ken, you need to check the contract.

Alex Watts :

Usually you can cancel and just lose the deposit.

Alex Watts :

However some contracts are not voidable which means you can't cancel

Alex Watts :

So check the order form.

Alex Watts :

But usually they can be cancelled subject to losing the £250

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

We have both read through the contract but it does not directly mention cancellation so I think she will have to grasp the nettle and contact them for clarification. Thanks for your help

Alex Watts :

I would not ask for clarification

Alex Watts :

I would simply say, you are cancelling and you can keep the deposit.

Alex Watts :

On that basis it does not say it cant be cancelled I would argue that you can

Alex Watts :

If they meant that it was not to be cancelled the contract should have said.

Alex Watts :

Does this help?

Customer:

It does thank you. She has lost a lot of sleep over the weekend worrying about what she has done. We will take your advise and forfeit the deposit.

Alex Watts :

Really it is not worth losing sleep over!

Alex Watts :

Can I clarify anything else for you?

Customer:

No thank you. We now know where she stands, she needs to make her decision to cancel and make her call.

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