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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47591
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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We went to a motor home sale t a show ground away from the

Customer Question

We went to a motor home sale t a show ground away from the vendors address on Sunday and put down a £100 deposit on a motor home and have now changed our minds - still want a motorhome but that was a spur of the moment purchase. We gave a deposit and signed an agreement 'used vehicle order' . Is this legally binding or could a colling off period possibly apply. company is in Paighton Devon. Seen at Cornwall show ground in a three day event.
Could you please let us know before we lose the money.
Marilyn Gilbert
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 1 year ago.

Hi Marilyn. Have you contacted the vendor regarding this at all?

Expert:  Ben Jones replied 1 year ago.

Please see answer below

Expert:  Ben Jones replied 1 year ago.

Generally, when a person places an order for something and pays a deposit they enter into a legally enforceable contract with the seller. It is implied that the seller has accepted the deposit as security and as proof that the buyer wants to proceed with the contract.

Unless the seller subsequently commits a serious breach of contract, or there was a cancellation clause, the buyer would have no legal right to cancel the agreement and if they do so they will be acting in breach of contract and risk losing their deposit. This is especially true if the deposit was described as non-refundable.

If this was a business seller, they will be subject to certain consumer rules and regulations. For example, you will have some protection under Schedule 2, Regulation 1(d) of the Unfair Terms in Consumer Contracts Regulations 1999. It states that if the contract has been cancelled after a deposit has been placed you are entitled to have the deposit returned in full, unless the seller has spent time, effort and money, in which case they can deduct reasonable expenses. Even if some expenses have been incurred, if these are subsequently recovered, for example by selling the item to someone else, the deposit should still be returned in full. It follows that a blanket non-refundable clause that entitles the seller to keep the deposit in all circumstances is most likely going to be unfair and unlawful.

If you are having difficulties in recovering the deposit when you believe you are entitled to have it returned, advise the seller that you will not hesitate reporting them to the Office of Fair Trading and, if necessary, pursue the matter further through the county court. Exerting such pressure could often work in changing the seller's position in this matter.

This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow should they refuse to refund you, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Expert:  Ben Jones replied 1 year ago.

My response should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to continue with the more details I promised? Either way I would be grateful if you could please take a second to leave a positive rating, selecting 3, 4 or 5 starts at the top of the page. Thank you