I recently put a deposit on a 2nd hand car through a private sale that I was unable to view prior to purchasing as it was a few hundred miles away.
I asked the seller for a description, specifically on the rust and overall condition of the vehicle as it was a rather old model. The seller answered the queries to my satisfaction and from this information I decided to put a deposit to secure the sale as the description given was what I was looking for and I had a considerable drive to collect/view..
However, when I viewed the vehicle, I discovered that the areas described as ok, were actually rotted through to such an extent that I decided to walk away from the deal. Essentially, the seller had either failed to mention glaringly obvious faults and problems when asked or had described them as OK when they were clearly not. Some items specifically mentioned in the advert were also found to be fautly or not working.
As I was driving back home I realised that the deposit I had paid was reliant on the description he had given over the phone plus the advert and that I should be entitled to the deposit back as he had misrepresented the vehicle.
The seller is disputing this and says that the deposit is non-refundable.
I would love some advice on whether I am legally entitled to a refund of my deposit and if so, how I should proceed.
Thanks.
I asked the seller for a description, specifically on the rust and overall condition of the vehicle as it was a rather old model. The seller answered the queries to my satisfaction and from this information I decided to put a deposit to secure the sale as the description given was what I was looking for and I had a considerable drive to collect/view..
However, when I viewed the vehicle, I discovered that the areas described as ok, were actually rotted through to such an extent that I decided to walk away from the deal. Essentially, the seller had either failed to mention glaringly obvious faults and problems when asked or had described them as OK when they were clearly not. Some items specifically mentioned in the advert were also found to be fautly or not working.
As I was driving back home I realised that the deposit I had paid was reliant on the description he had given over the phone plus the advert and that I should be entitled to the deposit back as he had misrepresented the vehicle.
The seller is disputing this and says that the deposit is non-refundable.
I would love some advice on whether I am legally entitled to a refund of my deposit and if so, how I should proceed.
Thanks.
