Non refundable deposit / misleading advertising

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This topic contains 2 replies, has 2 voices, and was last updated by Stuart Masson Stuart Masson 2 years, 6 months ago.

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  • #65506 Reply

    Anonymous

    Hi all
    I was hoping for some opinions / relevant experience on a car I recently paid a deposit on.
    I responded to an auto trader ad for a Vauxhall astra which said “New MOT” in one place and “12 months MOT” in another place. I took this to mean it has had its MOT done, as opposed to, if you want to buy the car we’ll do an MOT.
    I have kept a copy of the ad.
    I paid a £500 expressed to be non-refundable, and 3 days later was told there was no MOT but that is what they would do next.
    I am backing out of the deal for various reasons, and the dealer says they won’t return the deposit.
    I certainly signed a form saying the deposit was non-refundable, however I believe there’s a breach of the Sale of Goods Act in that the dealer described the car as having its MOT in place when it was not. And therefore I think I should get my deposit back.
    Any thoughts?

  • #65507 Reply

    Anonymous

    I should add – the main reason I want to back out is the car is Category C (and it was indeed advertised as such)

  • #65536 Reply
    Stuart Masson
    Stuart Masson
    Keymaster

    It’s common practice for a car to get an MOT after a contract has been signed, and really it works in your favour – if they find anything, they are obliged to fix it. If it has been MOTed by the previous owner just before selling it, there is always the possibility that something may have failed since then. This way, you know that the car has just passed an MOT before you collect it.

    Plus you get the full twelve months’ worth of MOT, rather than 11 months or less by the time you collect the car. If the car had been advertised for a month or more by the time you came across it, that would be a month OF MOT that you don’t get.

    If this is the only reason you are trying to cancel the order, you don’t really have a good argument.

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