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made a deposit to buy car but changed my mind

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  1. #1

    Join Date
    Nov 2013
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    made a deposit to buy car but changed my mind

    Hi

    Made a $10k deposit on a car on Saturday but due to change of circumstance, cannot proceed to buy the car.

    Let the seller (a second hand car dealer in Chai Wan) know on Monday but he refuses to pay back deposit.

    The contract I have signed with him at the time of the deposit does not specify that this was a non-refundable deposit, nor does it specify a time period by which the sale must be concluded.

    I have suggested to seek some agreement but he flatly refuses and now mention that the sale has to be completed in 21 days otherwise void.

    I am going to go to the small claim court to contest this on the basis of lack of written contract. Any views whether this would stand and I could get part of the deposit back or the deposit is probably lost?

    Thanks


  2. #2

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    It sounds like you are at fault. I mean if I made a deposit I wouldn't expect it back unless the car was no longer available for sale, and the seller essentially took it off the market for you.
    I would let it go and hope that you learned something from it. It's only 10k. Usually car deposits can be much higher. 50k is common.

    JHCH, dumbdonkey, jrkob and 1 others like this.

  3. #3

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    If other people of the forum have additional views in terms of consumer protection and standard contractual terms for sales of goods that would be helpful

    "I would let it go and hope that you learned something from it." => yes ok - thank you MandM! Condescending tone always helpful


  4. #4

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    i'm with MandM!

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  5. #5

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    Quote Originally Posted by karibu:
    If other people of the forum have additional views in terms of consumer protection and standard contractual terms for sales of goods that would be helpful
    You made a verbal contract and from the sounds of it, a reasonable one.
    You now want to break it, thru no fault of the other party.
    You are liable.
    The End

    I'm sorry I cant be any more helpful. You can go to small claims but I suspect your time will be wasted. Unless you can show duress or diminished capacity or something wrong with the contract or the car, you dont have a leg (or a toe) to stand on....
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  6. #6

    Join Date
    Dec 2005
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    Quote Originally Posted by karibu:
    Hi

    Made a $10k deposit on a car on Saturday but due to change of circumstance, cannot proceed to buy the car.

    Let the seller (a second hand car dealer in Chai Wan) know on Monday but he refuses to pay back deposit.

    The contract I have signed with him at the time of the deposit does not specify that this was a non-refundable deposit, nor does it specify a time period by which the sale must be concluded.

    I have suggested to seek some agreement but he flatly refuses and now mention that the sale has to be completed in 21 days otherwise void.

    I am going to go to the small claim court to contest this on the basis of lack of written contract. Any views whether this would stand and I could get part of the deposit back or the deposit is probably lost?

    Thanks
    http://www.clic.org.hk/en/topics/con...ints/all.shtml

    Case illustration...Question 4...

    U have to get it in writing if it has to be refundable!!
    Last edited by shafiq; 08-11-2017 at 03:56 PM.

  7. #7

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    I once put down 8K deposit for a car with a dealer and due to unforeseeable circumstances I also did not go through the sale and when asking about the deposit, the dealer said it was given to the car owner already and would not be able to get it back and that was that. That is all I tried to do as I knew I wouldn't get it back but just wanted to see if by any chance I could get some of it back LOL

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  8. #8

    Join Date
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    shafiq posted the consumer council examples and it seems very clear that you will NOT get the deposit back unless it was written in the signed contract. Take it as a learning lesson and move one like I did

    Ill copy and paste it here so ppl can see it without going to the link cause I know your'll lazy feckers LOL

    4. He put a deposit down for a car but then has second thoughts. Can he withdraw from the deal and ask for a refund of his deposit?

    It is likely that Mr. B will lose his deposit. He has broken his contract with the seller, and the seller is entitled to compensation.

    If Mr. B is asked to put down a deposit (but he is hesitated to confirm the order), he may ask whether or not the deposit is refundable. He may then request the seller to put that down in writing in order to avoid future arguments.
    shri and Kowloon Goon like this.

  9. #9

    What is the point of a deposit if you can get it back at will? Since you have already filed a small claim perhaps the magistrate will decide the amount is unreasonable and let you get some of it back.


  10. #10

    Join Date
    Dec 2009
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    @karibu I have a car for sale if you still wish to buy one, 5K cash deposit will do.

    shri, MandM!, huja and 1 others like this.

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