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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 29202
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Dear Pearl, Sorry, i went to buy a second hand Audi A2 car

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Dear Pearl
JA: Where is this? It matters because laws vary by location.
Customer: Sorry , i went to buy a second hand Audi A2 car privately off Auto trader , i visited it, test drove it and put down a £800 deposit on £15000.00 asking price,two weeks ago , it had some damage that i got priced and it came to a much more thasn bargained for £2000, so i decided not to buy it, i signed a sold as seen receipt but where do i stand as the seller refuses to refund my deposit please ? Kind Regards
JA: What steps have you taken so far?
Customer: Roger McDermott
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: The seller still has the car and refuses to refund on the basis that he could have sold it if i never put down the deposit !

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

I am very sorry to read of the above and I imagine what a difficult position it must be. I will certainly try to clarify your options.

May I ask what terms of any were agreed in relation to the deposit please? In particular, was the deposit agreed either that it would be refundable or non-refundable in any circumstances or were no terms discussed?

Customer: replied 12 days ago.
Afternoon Joshua, i'm acting on behalf of a Karen Hudson , who has been my loyal employee for 30 years and is very upset over this transaction, i have a handwritten receipt she signed on 30th May, which i can scan and send to you , in the agreement the seller had to replace the windscreen and a led light but hadn't completed it on the agreed collection date of 08/06/21, then told Karen , he ordered the wrong light off ebay , she looked into replacing with a censor to the cost of £2000 ( approx) , his sold as seen was a verbal agreement to replace the windscreen , which is done and the light , which is not , saying to Karen go to your mechanics, so Karen withdrew from buying the car but he refuses to refund the deposit please advise? Yours Sincerely ***** *****
Customer: replied 12 days ago.
The deposit was placed in agreement, all be it verbal , that the repairs would be completed , no discussion was held to talk about refunds as Karen thought she was purchasing the car in good faith !

thank you for the above. If you would like to upload a copy of the deposit agreement you refer to, you can do so using the " add file" button which should be located either alongside or within the box in which you type depending upon the device you are using

Customer: replied 12 days ago.
File attached (P355MT6)

thank you. There is no mention of the works you referred to above being agreed by the seller. Were these agreed in writing by some other means?

Customer: replied 12 days ago.
Hi Joshuo, that's the grey area, it was verbally agreed that the seller would replace the cracked windscreen and fix the bro***** *****ght but Karen has wrongly signed his note of sold as seen and not added after agreed repairs , then the car was to be collected on the 7th June , on phoning , the seller informed Karen the windscreen was replaced but he got the wrong light off ebay and could she bring it to her mechanic to fix , who quoted around £2000 which of course was an very expensive added extra on the agreed price , so she decided she didn't trust the seller or wanted the car and asked for a refund , if the light was fixed the deal would have been complete !

Oh dear. a contract will include all agreements made between the parties both verbal and written but and I'm sure you know what I'm about to say, verbal agreements are of low value because it is open to one of the parties to disputes or deny claims of what was agreed when the other party relies on verbal agreements alone. the obvious benefit of writing something down is that it is prima facie evidence of what was agreed.

On the face of the evidence, your colleague has quite simply agreed to buy a car as seen and paid a deposit as part of the purchase price. That agreement is particularly unhelpful both in relation to the deposit which she now would like back was also, where she to proceed with the purchase, because she has signed to say tthat she has bought the car as is warts and all as may be which would potentially give her little redress if she later were to discover a problem. Also of course if certain repairs were agreed as conditions of the sale, it would be open to the other party to deny ever having made such an agreement.

In the circumstances, it seems to me the best approach for her to consider would be for her to email or text of the individual to whom she paid a deposit and refer to their discussionn with regards ***** ***** works that were to be carried out to the car and ask if those works have yet been completed and to do so in a casual manner. The reason for this is that his reply, providing she sets out the works that were discussed to be carried out by him, will potentially be evidence of the agreement that was made - i.e. if he says they have not been completed yet. of course, he may reply stating categorically that he never agreed to such works which would be problematic the above reasons.

If he does accept that the works were agreed to be carried out and has not done them, then she could send a second message stating that as the works have not been carried out, the conditions of purchase have not been fulfilled and accordingly, she is repudiating the contract and requires the return of her deposit because he is in breach of condition.

If he has carried out the works that have been agreed and she has simply changed her mind, then she would need to agree with the individual to cancel the agreement. He may refuse or agree is subject to retaining wall or a proportion of the deposit that has been paid

Joshua and 4 other Law Specialists are ready to help you
Customer: replied 12 days ago.
Evening Joshua, of course the verbal agreement is worthless but there is the matter of collecting the car on the 7th , which is on the note and the reason being was because of the repairs being completed , though it does not say this , Karen paid via Bank transfer , so there was no other reason to wait that long ?