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Thread: Deposits on cars

  1. #21
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    Quote Originally Posted by DieselLSE View Post
    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.
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  2. #22
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    Deposits on cars

    Quote Originally Posted by RANDLOVER View Post
    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 Deposits on carsDeposits on cars often bumping into things Deposits on cars
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  3. #23
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    Quote Originally Posted by Tombie View Post
    No. But they can fall over a lot trying to run away Deposits on carsDeposits on cars often bumping into things Deposits on cars
    Yes and jump with fright when a warning shot was fired over their head.
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  4. #24
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    Deposit will be returned.


    though to do that I will need his banking details,,
    which I dont have, and our Bank cant give us.
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  5. #25
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    Quote Originally Posted by Pedro_The_Swift View Post
    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?
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  6. #26
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    Quote Originally Posted by Saitch View Post
    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 Just kidding. That could bite you!

  7. #27
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    Quote Originally Posted by Pedro_The_Swift View Post
    Deposit will be returned.
    Damn! I was hoping to follow this all the way to the Supreme Court.
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  8. #28
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    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.
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    Recent similar example.

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

    Came down to ďbring it down, if itís as per pics Iíll take it.Ē

    I asked for a $500 non-refundable deposit as I needed to get a trailer, drive 900km return, and if he changed his mind Iíd 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.
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  10. #30
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    Quote Originally Posted by POD View Post
    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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