Change of mind after paying deposit on second hand car

Susie2017

Registered User
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356
A elderly relative went to look at a car in a dealership after making an appt to see it. It was a 2019 model with 7000 km. The salesman said he couldn't show it but that another model had arrived in a 2018 with 13k more km on it. He brought her for a test drive in a 2020 model as the 2018 one was not ready for driving. He said the 2018 was the same spec anyway. He proceeded to sell her the 2018 one and she paid over 500 euro. She had second thoughts after leaving and now wants to look at other makes. She is not happy with the price of the trade in value given on her 2012 car. The price of the 2018 is similiar to the 2019 she was after. She meant to bring her daughter with her while viewing but instead went alone and now regrets it. The car can be bought for at least 2k less in other dealerships. She felt quite pressurised to buy. What are her rights ?
 
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noproblem

Registered User
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2,617
Surely she should have contacted the garage before taking any other steps. The "elderly" relative obviously wanted to do this alone in the first place, so don't understand why the elderly word is being brought up at all. Go talk to the person your relative dealt with, along with her, if that's what she wants to do.
 

Susie2017

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356
She went alone but shouldn't have. Went to look at one car but ended up being sold an older one with higher mileage. Is there a cooling off period ?
 

Sue Ellen

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If you have a look at the CCPC advice you may be able to find something helpful.

The SIMI (Society of Motor Industry) FAQs gives the following info:

A deposit is a payment that is made to a retailer by a consumer which indicates an intention to buy a product or a service. The amount of the deposit and the timing of payment of the balance are a matter between the consumer and the supplier. When you pay a deposit for goods, a contract is created between you as a consumer, and the supplier of the product or service. If you change your mind and no longer wish to purchase the product, legally you will be seen as not fulfilling your part of the contract. You are not entitled to your deposit back if you simply change your mind. It will be up to the supplier as to whether they will refund any deposit paid.
 

mathepac

Registered User
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I wouldn't expect any different interpretation from the SIMI @Sue Ellen. Their sole interest is in protecting the interests of their paid-up members, the motor dealers. Contrary to popular belief, the SIMI sign is not a quality assurance symbol, it should indicate buyer beware.

If the lady didn't sign the SIMI contract it's moot whether there's a contract in place at all. Did she get a receipt?

There are all sorts of reasons created by the Arfur Dalys for encouraging consumers to sign the anti-consumer SIMI contract e.g. "we use it to track the VRT we collect", "we need your signature to start the clock on the warranty", "we need it signed to change the vehicle ownership", etc. I have consistently refused to sign their pieces of paper and if pressured, I walk away. I paid a deposit on a car once - never again! It wasn't a problematic transaction, far from it, but I subsequently heard some horror stories.

If I pay a deposit to an estate agent to buy a house, no contract is created, I have merely made an "expression of interest" in the property and if the deal falls through, for whatever reason my deposit id refundable in full.

IANAL!!
 

Páid

Registered User
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702
He said the 2018 was the same spec anyway.
Are you sure the spec is the same? Maybe engine size is but the year (definitely), colour, extras are probably different.
 

Susie2017

Registered User
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356
I think she got a receipt but didn't sign anything to her recollection. I agree the spec is likely to be different. Its a Yaris 1.5 hybrid.
 

Páid

Registered User
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702
Does the receipt bear the reg of the car she put a deposit on? If not then it's the salesman's word against hers. She could say that she thought she was putting a deposit down on the 2020 car because it's the one she test drove.

I think the only scenario where they would have to refund the deposit is if the 2018 car was sold to another customer.
 

elcato

Moderator
Messages
3,658
I would imagine if she is willing to by another car in the same dealership it would not be a problem but I think she wants to go elsewhere ? I'd go back and just ask for it anyway stating she is not sure yet. She may be surprised.
 

Leo

Moderator
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12,859
As per another recent thread on this very issue, the garage are fully entitled to keep the deposit. Distance selling legislation mean you can change your mind for online orders, but that protection does not apply in-person.

In the other case, the garage did refund the deposit. The dealer here may also be willing to do so, but approach them asking and not demanding, as the law is on their side.
 
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