Consumer Law ( non - refundable deposit )

[deco87]

Hello my friend has an interest - in a car and put a deposit on it - rather quickly as , the garage told him there was a “ non refundable deposit” required as there was another person apparently on the way to put their deposit down -

as my friend really liked the car - he decided to put down a deposit but of course he had no opportunity to get it checked -
He is getting it checked shortly but if there was an issue preventing him from buying it -
Had this non refundable deposit any standing in legislation

 

[ClubMan]

It all depends on the contract involved.

Deposits

A deposit is a sum of money paid to a retailer or supplier of services to indicate that you intend to buy a product or service. Find out more about deposits and your rights.

www.citizensinformation.ie

 

[peemac]

I'd always assume that a deposit is non-refundable unless stated otherwise.

As it was made clear that the deposit was not refundable, he has no recourse whatsoever if he doesn't proceed unless the vehicle was substantially different to what was advertised.

So if it was not roadworthy, that would give entitlement for refund. But not liking the colour, or drive is different to what was expected has no entitlement

 

[ClubMan]

As it was made clear that the deposit was not refundable, he has no recourse whatsoever if he doesn't proceed unless the vehicle was substantially different to what was advertised.

Not necessarily true. From the link that I posted...

The terms of this contract must be clear and fair. Terms that may be unfair can include:

• That deposits are non-refundable in all circumstances

 

[peemac]

Not necessarily true. From the link that I posted...

But my post is correct.

The circumstances for refund of a non refundable deposit would be issues such as incorrect description / mis representation.

But if it is as described, and the deposit holder held to their side of the agreement, then there would be no entitlement to refund.

 

[ClubMan]

The circumstances for refund of a non refundable deposit would be issues such as incorrect description / mis representation.

We have no idea of the nature of the contract from the original post. It could be unfair and thus unenforceable.

 

[Salvadore]

Hello my friend has an interest - in a car and put a deposit on it - rather quickly as , the garage told him there was a “ non refundable deposit” required as there was another person apparently on the way to put their deposit down -

as my friend really liked the car - he decided to put down a deposit but of course he had no opportunity to get it checked -
He is getting it checked shortly but if there was an issue preventing him from buying it -
Had this non refundable deposit any standing in legislation

It depends on the nature of the issue.

If it turns out that it’s not as described when the deposit was made, that’s reasonable.

If there’s just a change of mind, that’s another matter.

 

[deco87]

Thank you