Advice please, Dont want my deposit back!

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Paulyboy

New Member
Jun 7, 2009
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0
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I recently purchased a classic car from a private buyer. We agreed a price, I visited and tested the car and received a receipt stating how much deposit I had left and the basic terms of what was to be done to the car included in the sale and how much left to pay etc.

The guy seems now to have been offered more money elsewhere or has simply decided no to sell it, eitherway is being really funny with me. He is not arguing about returning my deposit but of course the sale is now agreed so I dont want this.

MY QUESTION is: Is he legally bound to complete the sale or can he simply return my deposit and refuse to sell the car? Of course I want the sale completed and to take the car.

Many thanks
Paul
 
Tony

Tony

What Consumer Founder
Apr 7, 2008
18,307
3
38
Bolton
Hi Paul,

Usually we get the reverse i.e. deposit paid by buyer and they have changed their mind. In this case the deposit is lost.

When the seller changes their mind they are in breach of contract and you can get your deposit back plus damages. The tricky thing is determining what would be reasonable and ultimately it would be for a judge to decide. If the loss is financial and less than £5000 then you can use Money Claim Online. For example, if there is another on sale for what you agreed to pay plus £1000 then you could claim £1000.

Hope this helps

Tony
 
P

Paulyboy

New Member
Jun 7, 2009
3
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0
Hi thanks for the answer.

The vehicle in question is a very unique version of a particular VW Karmann Ghia, and there is not another one like it really.

The sale was for £7700 and £500 depisot was left and receipt handed over if this helps your answer?
 
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Georginazn

Moderator
Apr 22, 2009
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I don't think you stand much chance in pursuing this with a private seller. Whatever his reason, the chances of you getting compensation is slim and until the purchase is done and dusted, he can return your deposit as a straightforward way of voiding the contract.
 
P

Paulyboy

New Member
Jun 7, 2009
3
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0
Just to clarify.....

I am NOT seeking compensation in any form whatsoever, my question is really more about is the sale legally binding once it has been agreed and deposit accepted.

I want the vehicle not the deposit back or any compensation.

Many thanks
Paul
 
Tony

Tony

What Consumer Founder
Apr 7, 2008
18,307
3
38
Bolton
It is legally binging but you can't force him to sell it - he can choose to breach the contract.
 
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