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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71144
Experience:  Over 5 years in practice
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On the 2nd may 2013 I agreed to buy a car from a Main Dealership

Customer Question

On the 2nd may 2013 I agreed to buy a car from a Main Dealership in their Showroom for £19500 with £4500 allowed for my car in part exchange.I paid a £500 deposit and I am due to collect the car on the 13th may2013
If I wish to change my mind can I withdraw from the arrangement.What would happen to the deposit I have paid?.
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question . My name is Jo and I will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

I presume that you have not left your car with them and they haven't sold it yet?
Customer: replied 4 years ago.

I still have the car that is to be put in part exchange.

Expert:  Jo C. replied 4 years ago.
Yes, I understand.

Overall it's good news.

The bad news is that, unfortunately, you are locked into a contract with them. if you do a deal in store then you are locked into a binding contract immediately unless you agree cooling off rights. That would be extremely rare as it's not in the stores interest to offer them.

However, if you do cancel unlawfully then you are only liable for the sum of their loss. They still have a car to sell and so they have provided no consideration for this deal.

If you do cancel now then the most they could claim from you is some administration costs and may be the cost of re-advertising which will not be anything like the sum your deposit.

It's quite unlikely that they would try to claim that sum of money anyway because it would not be worth the manpower hours of arguing over.

Not all stores will offer a refund immediately. You may need to go to the Small Claims Court to recover but you would succeed if you had to.

Hope this helps. Please let me know if you need more information.