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cityguru
cityguru, Solicitor
Category: Scots Law
Satisfied Customers: 13325
Experience:  solicitor
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I signed an agreement yesterday (18th Sept 2014) to purchase

Resolved Question:

I signed an agreement yesterday (18th Sept 2014) to purchase a new car from a Glasgow garage. I have paid a £500 deposit, and the remaining balance I will pay by cash when I receive the car on 21st Dec 2014, as the car is yet to be built. I've now had a change of heart, and would like to cancel the contract. Can I do so, and if so, how do I go about it?

I should have added that a "cooling off" period was mentioned verbaly before I signed the on screen document, but there is no mention of this on the contract I received.

Submitted: 2 years ago.
Category: Scots Law
Expert:  cityguru replied 2 years ago.
hi can you tell me how you placed this order. Did you do it in the showroom or in some other way? You mentioned signing on screen?
Can you confirm this was a cash purchase and there was no credit or hire purchase agreement?
Customer: replied 2 years ago.
I made the order in the car showroom. I paid the deposit by credit card, but the car purchase was to be by cash, not credit. The salesperson advised me that I could cancel and would get my deposit back if I wanted, this was done verbally. The on screen signing was the contract being signed electronically. I intend to phone them and ask them to cancel my order, as I haven't spoken to the garage yet.
Expert:  cityguru replied 2 years ago.
Thank you for the additional information. The first point I have to make is that the only times that you are entitled to a oolong off period - i.e. a right to cancel - is when you buy somewhere other than the shop or show room e.g. by internet or by phone or at home. You also have certain rights when you buy on credit but neither of those appear apply here.
In the absence of a right under consumer protection law you have to show there is a right under the contract either expressly or by implication. You should check the terms and conditions although I suspect there will no cancellation right. If there is a right then of course you can exercise it. If there is nothing in the contract then you have to rely on what the salesman says. It is of course quite possible he will deny it and it will then become your word again his.
I would suggest you not only phone as soon as possible and refer to what the salesman said but also put it in writing . If they refuse to refund your deposit you have the advantage that you paid by credit card and you can go to the credit card company and claim your money back on the basis that you were induced to enter into the contract the salesman's representation. So once you have contacted the garage I recommend you also contact your credit card company.
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