Buying a car.DEPOSIT.

[Guest Diana]

Hi.we decided to buy a car.And today had looked one in the morning.Paid 200 AUD deposid to secure a car.And asked owner that we will do the PRE PURCHASE TEST with RAA.He agreed.And we sad if test won't be good we won't buy a car.Got the letter from him saying that he recived 200AUD for the car.As a deposid.

Few hours later we did look another car.which is much much better than the first one.So we called that guy to say sorry,for not to buy his car and he agreed to give the deposid back,tomorrow.

Then 40 min later he text me that he will keep the deposit as:an oral contract has been formed in purchasing the car.

In my understanding no CONTRACT were made,as we were not shure car is in good condition or not!

Please help.is he allowed to keep the deposid.

thank you.

[Guest ctomo808]

i think as he gave you a receipt for an official deposit he can keep the money..sorry

[ian mc]

There is usualy a cooling off period

[Guest Diana]

Is it 3 days?

[Guest kangomik]

You said you would buy depending on inspection. Then you cancelled because you found something else. That as i see it is not part of the agreement/verbal contract.

 

I think you have lost the money.

[suzer]

Once you give a deposit on a car, the deposit is non-refundable - oral or written agreement. There is no cooling off period. You can choose not to buy the car, but he doesn't have to refund your deposit.

 

http://www.b4usplashcash.ocba.sa.gov.au/car.html

 

"Have the car checked by the Royal Automobile Association (RAA), a Motor Trade Association (MTA) service centre or a qualified independent mechanic. In some cases you may be asked to pay a holding deposit while you are getting the car checked out. It usually isn't refundable, but should be taken off the price if you decide to buy. Decide if you are prepared to lose your deposit if you don't buy the car. "