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  • Getting a car deposit back

    Basically I was going to by a car. I put a deposit on the car yard subject to finance approval.

    Approval for the full amount didnt happen but i said id be able to put in 30k cash to finish the deal, but itd take 3 weeks to transfer from an international bank. Dealer says ok if Iput a 5k deposit down. i do so by bank transfer.

    Money comes, dad rushed to hospital in the uk, hes a cancer sufferer, so I had to go away, without pay for a bit. This eats into the reserves and 30k cash couldnt happen. I explain to the dealer who stops contacting me.

    Now they have my 5k and he wont answer or return any calls or messages. Im going down there in a few weeks but am I right in thinking Im entitled to my money back?
    Last edited by Jaw; 12-11-2012, 04:20 PM.

  • #2
    Originally posted by Jaw View Post
    Basically I was going to by a gtr. I put a deposit on the car yard subject to finance approval.

    Approval for the full amount didnt happen but i said id be able to put in 30k cash to finish the deal, but itd take 3 weeks to transfer from an international bank. Dealer says ok if Iput a 5k deposit down. i do so by bank transfer.

    Money comes, dad rushed to hospital in the uk, hes a cancer sufferer, so I had to go away, without pay for a bit. This eats into the reserves and 30k cash couldnt happen. I explain to the dealer who stops contacting me.

    Now they have my 5k and he wont answer or return any calls or messages. Im going down there in a few weeks but am I right in thinking Im entitled to my money back?
    Hi.

    How are you?

    I'm fine, thanks.

    Welcome to Perth Street Bikes.

    You could also consider joining Perth Auto Finance Problems.

    Or, contact the Department of Commerce - www.commerce.wa.gov.au.

    Have a great day!













    FFS.
    One owner. Only driven gently on Sundays. Sold to best offer. First to see will buy. Reward offered for safe return. Coming soon to a cinema near you. Available for a limited time only.

    My waterbed broke this morning. Oh, I don't have a waterbed. Bugger.

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    • #3
      Sorry if the message was a bit straight to the point, bit of a stressful day...

      Comment


      • #4
        Why do you think you're entitled to your deposit back?

        What were the conditions of the contract? What have you signed, if anything?

        Way too many variables here.
        AKA Lady Jonas

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        • #5
          Do you understand the concept of the word "deposit"?

          Comment


          • #6
            G'luck.

            Not liking your chances but stranger things have happened.
            They hung a sign up in our town "If you live it up, you won't live it down"-Tom Waits

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            • #7
              Sorry, was a bit vague hey. Only condition of the contract I signed was "subject to approval of finance" of the sum in the contract to be financed on the car. I was advised by the broker that there would be no isses with the figure, but then came up short when I forwarded the paperwork.

              Only thing in the contract relevant was that I would endeavour to seek approval, which I did. The dealer made a few comments as to sorting out a deal between me and him to push it through, nothing materialised and he lost all interest. No second contract was signed for the second deposit, it was off the back of emails.

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              • #8
                If you signed that yellow bit of paper that says subject to finance. Then you signed another bit or made an amendment and initialled that yellow bit of paper then you can't get your money back. If not, you have everyright to get it back but goodluck as it will be a pain in the ass..but $5k is $5k so go for it sunny jim.
                Originally posted by Rich...
                You got me in trouble...

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                • #9
                  Originally posted by Jaw View Post
                  it was off the back of emails.
                  Enjoy your battle... Emails can be given as evidence, however theres nothing wrong with you not ever returning to collect your deposit. Legally you have given the dealer money to 'hold the car' however someone else could of easily purchased it and you would be informed that you must pay now or it goes to them.

                  Lucky you.
                  Originally posted by Rich...
                  You got me in trouble...

                  Comment


                  • #10
                    Originally posted by Desmo View Post
                    Do you understand the concept of the word "deposit"?
                    Of course, but it works a little different here to the uk so just trying to find out where my rights stand...

                    Left a deposit subject to finance approval which didnt happen, but i did get approval to a lesser amount, so just no t sure where i stand as the second deposit was put down after but the only contract was the initial one..

                    Comment


                    • #11
                      You agreed to a lump sum to presumably fill the gap between finance that occurred. The dealer agreed this was fine, along with holding the car for 3 weeks, as long as you paid a $5K deposit, which you agreed to.
                      You got finance, agreed to pay the gap and agreed to these conditions.
                      I'm sorry and I know this sounds harsh, but the only one who has broken a contract is you. This is the reason for deposits.

                      Comment


                      • #12
                        Originally posted by Jaw View Post
                        No second contract was signed for the second deposit, it was off the back of emails.
                        The problem you face now is that emails will still generally stand up as a written contract - it's your expressed consent in writing to this arrangement, and unless in your email you specified other conditions, which I'm guessing you didn't, you're dead in the water with this one.

                        Edit: Beaten, yeah, what [MENTION=7104]Desmo[/MENTION] said.
                        AKA Lady Jonas

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                        • #13
                          You put a deposit down 'Subject to finance' - when the finance fell through did you get your deposit back? Because as soon as your finance was rejected, the initial contract is void.

                          Anything after that is a totally different transaction/contract.. So you basically put a deposit down without signing anything..

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                          • #14
                            Hmm as good as i suppose, will have a look at the emails. I sent him one saying subject to the original terms and conditions ive sent a deposit which he never responded to. Will look into what went back and forth.

                            Dont get me wrong, if its my fuck up it's my fuck up, shit happens. but if I'm entitled to it, I obviously want it back is all.

                            Cheers for the responses so far, appreciated.

                            Comment


                            • #15
                              If the contract that you made a deposit on is written and signed by both parties as pending finance approval for the full amount then yes you are entitled to have your deposit refunded once all avenues for obtaining that finance have been exhausted....

                              If he can't get you finance through his finance guy he should be handing your money back.

                              If you made a variation on that contract that you would find the balance in cash and both signed it then you are obligated to leave that deposit with them, if you don't want to lose it then pick another car and strike a new deal.

                              If it was a verbal agreement or alteration then it's not worth the paper it's written on but what is your word worth to you? mine's worth less than $5k so I'd push for my deposit back
                              Do you remember the good old days before the internet?

                              when arguments were only entered into by the physically or intellectually able.

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