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test drove holding deposit mechanic test lots issues can i get deposit back

Home Forums Buying a Car test drove holding deposit mechanic test lots issues can i get deposit back

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This topic contains 1 reply, has 1 voice, and was last updated by Stuart Masson Stuart Masson 1 year, 2 months ago.

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  • #133267 Reply

    Saw red Audi A3, reviews of garage positive.
    Went and test drove it I personally thought noisy for diesel and noted a few things.
    Told chap interested but I’d like my mechanic to come to check it over is that an issue. No but need deposit to hold.
    Mechanic found needs new dual mass flywheel clutch kit and rear shock absorber amongst other little bits. Plus desperate for a service. I text garage owner to say I didn’t want the car because of the issues so could I have deposit back. he wanted to speak to my mechanic which he did. I have asked for my deposit back but they have so far refused. Where do I stand?

  • #133322 Reply
    Stuart Masson
    Stuart Masson

    Hi Tracey. It will depend on a) what any contract you have with the dealer says, and b) what the actual issue is that is leading you to want to cancel the purchase.

    If you have a contract that doesn’t specifially say something along the lines of “purchase subject to satisfactory inspection by mechanic nominated by buyer”, then you don’t have any rights. It doesn’t matter what the dealer has told you verbally, because they will magically have no recollection of agreeing to anything like that. If it’s not in writing, it doesn’t exist.

    If you don’t have any contract or receipt, then you have no rights either. You’ve basically just given the dealer some money with no record of what it’s for.

    If you do have a contract with a suitable caveat, it would then come down to the nature of the alleged fault and whether it’s sufficient for the car to be considered faulty. If it’s easily fixable, the dealer can fix it rather than refunding you the deposit.

    The dealer is also entitled to dispute your mechanic’s claims, since there’s no guarantee that your mechanic is correct.

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