Deposits on cars

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22nd July 2021, 11:00 PM
RANDLOVER

Quote:

Originally Posted by DieselLSE

To a point, James. Your legal studies would have emphasised the differences between contract terms and conditions. And just because an agreement is written down doesn't necessarily make it "legal" or enforceable. ..................

People do try it on, even attorneys, last year I was presented with a contract which I forwarded to my attorney, and he had to tell the other party that their contract was so unreasonable that it would not stand up it court. When things to go to court a lot of weight is placed on "reasonable" as in what would a reasonable person have done, expected, etc. This is why one can't (and shouldn't) kill a burglar in one's house, even though they've broken the law, they can't be summarily executed.
22nd July 2021, 11:09 PM
Tombie

Deposits on cars

Quote:

Originally Posted by RANDLOVER

People do try it on, even attorneys, last year I was presented with a contract which I forwarded to my attorney, and he had to tell the other party that their contract was so unreasonable that it would not stand up it court. When things to go to court a lot of weight is placed on "reasonable" as in what would a reasonable person have done, expected, etc. This is why one can't (and shouldn't) kill a burglar in one's house, even though they've broken the law, they can't be summarily executed.

No. But they can fall over a lot trying to run away [emoji56][emoji38] often bumping into things [emoji48]
22nd July 2021, 11:13 PM
RANDLOVER

Quote:

Originally Posted by Tombie

No. But they can fall over a lot trying to run away [emoji56][emoji38] often bumping into things [emoji48]

Yes and jump with fright when a warning shot was fired over their head.
23rd July 2021, 05:52 AM
Pedro_The_Swift

Deposit will be returned.

though to do that I will need his banking details,,
which I dont have, and our Bank cant give us.
23rd July 2021, 06:51 AM
Saitch

Quote:

Originally Posted by Pedro_The_Swift

Deposit will be returned.

though to do that I will need his banking details,,
which I dont have, and our Bank cant give us.

I'll PM you mine, Pedro.
Will that help?
23rd July 2021, 07:20 AM
NavyDiver

Quote:

Originally Posted by Saitch

I'll PM you mine, Pedro.
Will that help?

Great point- why not give it to a charity then let the depositor to ask for it back from them[biggrin][biggrin][biggrin] Just kidding. That could bite you!
23rd July 2021, 09:15 AM
DieselLSE

Quote:

Originally Posted by Pedro_The_Swift

Deposit will be returned.

Damn! I was hoping to follow this all the way to the Supreme Court.
23rd July 2021, 01:27 PM
POD

Not a legal experience but a considered opinion after many vehicle sales and purchases over the years; there is absolutely no point in a deposit unless it is non-refundable. In fact, the first LR I bought many years ago, the seller had taken a deposit from another bloke a few hours earlier, that buyer had wanted to go and get a mate to have a look at the car before he committed to buy. The seller sold me the car, the other buyer came back while I was still there and was irate when the seller handed him back his deposit. I felt the seller had done the wrong thing- not in selling me the car, but in taking a deposit when there was no commitment from either party. Just stupid.
If I give a deposit, I am saying "i have decoded to buy this car. We have agreed to the sale. You can't sell it to someone else, and I can't back out of the purchase without losing my deposit'.

I put a deposit down on an Alfa GTV when I was 21 years old, then could not get insurance on it at any price so could not proceed with the purchase. The seller refused to refund the deposit, said it would not even compensate him for his time spent getting a RWC. I wore it. I had made a commitment and then backed out for my own reasons.

Upshot is, do your homework, inspections, investigations etc BEFORE committing to buy i.e. giving a deposit.
23rd July 2021, 01:37 PM
Tombie

Recent similar example.

I was advertising my M109R Cruiser for sale.
Adelaide bloke was interested, I sent more details/photos etc.

Came down to “bring it down, if it’s as per pics I’ll take it.”

I asked for a $500 non-refundable deposit as I needed to get a trailer, drive 900km return, and if he changed his mind I’d be out of pocket both financially and time.

It was very clear, and decision left with the buyer - who turned out to be a tyre kicker and purchased a cheaper/smaller bike.
23rd July 2021, 10:07 PM
RANDLOVER

Quote:

Originally Posted by POD

Not a legal experience but a considered opinion after many vehicle sales and purchases over the years; there is absolutely no point in a deposit unless it is non-refundable. In fact, the first LR I bought many years ago, the seller had taken a deposit from another bloke a few hours earlier, that buyer had wanted to go and get a mate to have a look at the car before he committed to buy. The seller sold me the car, the other buyer came back while I was still there and was irate when the seller handed him back his deposit. I felt the seller had done the wrong thing- not in selling me the car, but in taking a deposit when there was no commitment from either party. Just stupid.
If I give a deposit, I am saying "i have decoded to buy this car. We have agreed to the sale. You can't sell it to someone else, and I can't back out of the purchase without losing my deposit'.

I put a deposit down on an Alfa GTV when I was 21 years old, then could not get insurance on it at any price so could not proceed with the purchase. The seller refused to refund the deposit, said it would not even compensate him for his time spent getting a RWC. I wore it. I had made a commitment and then backed out for my own reasons.

Upshot is, do your homework, inspections, investigations etc BEFORE committing to buy i.e. giving a deposit.

Confusing I know, but t there is a difference between a non-refundable and a conditional deposit.

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