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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70216
Experience:  Over 5 years in practice
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I have been looking for a second hand car. I saw one I like.

Resolved Question:

I have been looking for a second hand car.
I saw one I like. The car was advertised at £11,995.
I spoke with the seller. He said that he would give a new motherboard and 1,000 miles warranty. And discount the car to 11,500.
I paid a deposit of £500.
2 days later I changeD my mind. The car would be too expensive to run. I returned to the garage and told the seller. I asked for my deposit back. He said that he was not prepared to give me anything.
MY QUESTION IS CAN HE DO THIS.
Submitted: 10 months ago.
Category: Law
Expert:  Jo C. replied 10 months ago.

I presume this was a cash purchase?

There is no finance?

Customer: replied 10 months ago.
a cash purchase.
Sorry it was 1 year MOT. .but the spell checker changed it to motherboard.
Customer: replied 10 months ago.
it was a cash sale.
Expert:  Jo C. replied 10 months ago.

OK.

And he still has the car to sell?

Customer: replied 10 months ago.
I went back to the garage. He said that he had refused to sell the car to another customer. I said he should have taken this guys number. He said your not getting your deposit back. I said I would seek legal advice
Expert:  Jo C. replied 10 months ago.

The starting point is that you are in breach of contract unless you agreed cancellation rights.

However, he only has a claim for the sum of his loss and he still has the car to sell. Therefore he hasn't provided consideration for the contract.

He may have a claim for a small amount of admin costs and maybe some readvertising costs but that would be a very low sum and certainly nothing like the sum you have paid.

If he won't agree to refund you then just sue him at the small claims court although I would warn him first before you actually issue against him.

Can I clarify anything for you?

Jo

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