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.
2005 D3 TDV6 Present
1999 D2 TD5 Gone
Deposit will be returned.
though to do that I will need his banking details,,
which I dont have, and our Bank cant give us.
"How long since you've visited The Good Oil?"
'93 V8 Rossi
'97 to '07. sold.![]()
'01 V8 D2
'06 to 10. written off.
'03 4.6 V8 HSE D2a with Tornado ECM
'10 to '21
'16.5 RRS SDV8
'21 to Infinity and Beyond!
1988 Isuzu Bus. V10 15L NA Diesel
Home is where you park it..
[IMG][/IMG]
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.
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.
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