Car deposit paid for new car what are my legal rights for refund

[andylayton]

Good day all
I have paid a deposit for a brand new car on Sun 22nd Jan, I was informed by the sales man that there were 2 of these cars in the uk, verbally infront of my family.
Went yesterday to finish paperwork Wed 25th Jan, and when i asked where the car was in the country was told that they dont now could be at docks or still on ship..


Being as the sales person has misled me into paying the deposit,
What would be my legal rights to the refund of the deposit.


I have studied the paperwork from the main dealer and it says that deposits are none refundable is this legal

[des8]

Re: Car deposit paid for new car what are my legal rights for refund

Hi and welcome.
More important than the current whereabouts of the vehicle is surely the delivery date of your car?

How fixed was that date and has it yet been missed?

[andylayton]

Re: Car deposit paid for new car what are my legal rights for refund

Many thanks for your reply
Date was verbal for 1st Feb As he stated that there were 2 of that specific model cars in the UK, because they want to invoice for january(Obviously sales man is there to meet his dealership targets).
As for a written date there is nothing stated on the paperwork from the main dealer
only thing mentioned is The supplier will endevour to deliver on stated date ( no date present ). !

Would there not be legally a basic 14 day cooling of period under the trading standards act, ( This is a main dealer that i am dealing with ).

[des8]

Re: Car deposit paid for new car what are my legal rights for refund

So you weren't really concerned about the current location of the car, but having reflected on your purchase you want to rescind the contractt.

If you signed the order on the dealer's premises and then paid the deposit, I'm afraid you are committed to the deal.
There is no cooling off period and you are tied to the contract.

They too are tied to it, and if there was a verbal date you should expect delivery within a reasonable time of that date.
If they don't complete their side of the bargain within a reasonable time you might succeed in cancelling the contract and obtaining a refund of your deposit.
However what is reasonable is debatable

[andylayton]

Re: Car deposit paid for new car what are my legal rights for refund

Many thanks for the information, you have confirmed what i did expect.

Its more that the sales man has deceived / exagerated the truth of where the vehicle is to get his sale.

[des8]

Re: Car deposit paid for new car what are my legal rights for refund

That isnt an uncommon occurrence.
The salesman probably had information that the vehicle was due in the UK round about such and such a date and "stretched his knowledge" a little in order not to lose the sale.
The problem is that there are so many variables in the manufacturing process and delivery chain that a guaranteed date is almost impossible.
I don't think any new car order contains a specific delivery date. They all have a terminology which leaves it open
As a buyer (in future) just bear it in mind, and force an amendment to the standard terms that "time is of the essence and delivery must be by xyz date plus or minus two weeks" .