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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11748
Experience:  30 years as a practising solicitor.
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Yesterday I agreed to buy a secondhand landrover from a dealer

Customer Question

Yesterday I agreed to buy a secondhand landrover from a dealer and left a deposit of £500 as well as signing a purchase agreement. I have had second thoughts about the purchase. Can I cancel that agreement within the 7 or 14 day cooling off period and recover my deposit?
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question. I am a solicitor in Scotland and will help you with this.
If you signed for the purchase at the dealership there is no right of cancellation unless the purchase agreement provides for a cooling off period and that would be rare. If you applied for finance there is of course a cooling off period as regards ***** ***** agreement but that doesn't alter the fact that you have enters into a legally binding agreement for the purchase. There is also a cooling off oeriod for goods bought from your home or on the Internet.
However, where the dal was done at the dealer's place of business, unless the contract allows you to walk away (in which case it isn't really a contract) OR the dealer agrees to allow you you to do so, the contract is binding and, if you withdraw, the dealer could raise a claim for breach of contract. At the very least I think he would retain your deposit.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 2 years ago.

Many thanks. The advice is much as I expected. I have formally cancelled the order but, as you suggest, I expect the garage to retain the deposit.

Expert:  JGM replied 2 years ago.
Your welcome. Don't forget to leave a positive rating so that I am credited for my time.
Customer: replied 2 years ago.

The garage has generously agreed to cancel the order and return my deposit. Good result!

Ian

Expert:  JGM replied 2 years ago.
Well done, I am pleased that this has worked out for you.