Car deposit refund query

jed2009

New Member
May 5, 2009
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Hi,

Some advice please, I went looking for a used car and saw one on autotrader. I called the dealer who said it was immaculate inside and out so I and arranged a visit, when I got there I found the car was not ready at all, still had to be prepared was the term he used I think. He assured me that everything that needed doing would be done, usual spin that he had had a lot of calls about the car. He invited me back in a week when the car would be ready and I could leave a refundable deposit. I agreed, I paid by credit card. I hesitated before I signed but he re-iterated that it was fully refundable.

I am a bit worried that the car is not going to be up to the expected quality, and he may try to avoid returning my deposit. I have looked at the order form which is pretty much incomplete.

The only details filed in are the car make and registration and engine size, a section that states deposit paid and car to be inspected. My signature which refers to this section and also terms and conditions which are not on the form, and I have not seen, the form has no mention that I have been made aware of these or read and understood them etc. His website does not have any posted either.

Hopefully the car will live up to expectations.

However if this is not the case and because the car is of lower quality than expected can I refuse it and get my deposit back under Sale of Goods Act.

The ad stated that it has a FSH but I am having doubts that it does, again this is misdescription and I can legally refuse car and get full refund. Correct?

Also, as he did not sign or write his name on the form is it legally binding ?

Thanks