Getting car deposit back

[jellywire9]

I put a £500 deposit down for a vehicle on Wednesday. The car was immaculate, drove well and has lots of documented service history. The dealer stated he would put a new MOT on the car as part of the deal. (dealer also has an onsite service station).

The car has been MOT'd and failed on 'nearside front coil spring fractured or broken' and has 4 advisories for 'nearside front brake pipe corroded, covered in grease or other material'. These advisories were present on the last MOT.

The dealer has stated he will fix the major but not the advisories. As I paid near asking price for the car I don't want to take the car with these advisories especially as the guy has a garage and could fix for low cost. Do have now have a right to ask for my deposit back?

Thanks

[davek_964]

One of my cars had an advisory like that when it was MOT'd in 2019.

It didn't get it in 2020. Same MOT station, and I hadn't replaced them.

What your legal standing is I have no idea - but LOTS of cars get warnings for corrosion on the brake pipes. I wouldn't be rejecting a car because of that.

[mph999]

Corroded brake pipe will most likely be nothing more than surface rust.

Not exactly grounds for asking for deposit back, it’s a second hand car, it’s not going to be perfect.

[Gary C]

advisories are just that and probably not unexpected

As it will have a new MOT when you get it, I can't see how the vendor has not met their end of the deal ?

So no, I dont think you have a leg to stand on.

[InvisibleSpider]

jellywire9 said:

I put a £500 deposit down for a vehicle on Wednesday.

What does the document you signed when you paid the deposit say?

[GreatGranny]

If the car is as good as you say it is then I would still buy it with those advisories as long as he fixes the major.

It's not a new car so you can't expect it to be perfect.

[Durzel]

It's a used car. If you want a car with brand new parts, buy a brand new car.

If the advisories were on the last MOT presumably it hasn't got any worse (or better) in the intervening year.

[Ussrcossack]

Why don't you get him to price the jobs and then see if he'll do it at mates rates?

[anonymous-user]

It is impossible to answer your question fully without knowing the terms on which you paid the deposit. It appears unlikely on the facts that you state that you have a consumer legislation-based right to bin the deal. Did you check the MOT history online and see the previous year's advisories before you agreed to buy?

[OverSteery]

Sounds like the dealer met (or will meet) his end of the contract, by getting it though the MOT.

[Craigyp79]

jellywire9 said:

I put a £500 deposit down for a vehicle on Wednesday. The car was immaculate, drove well and has lots of documented service history. The dealer stated he would put a new MOT on the car as part of the deal. (dealer also has an onsite service station).

The car has been MOT'd and failed on 'nearside front coil spring fractured or broken' and has 4 advisories for 'nearside front brake pipe corroded, covered in grease or other material'. These advisories were present on the last MOT.

The dealer has stated he will fix the major but not the advisories. As I paid near asking price for the car I don't want to take the car with these advisories especially as the guy has a garage and could fix for low cost. Do have now have a right to ask for my deposit back?

Thanks

You completely have the right to ask for the deposit back.

The dealer completely has the right to deduct any losses from the deposit before giving it back.

[NGee]

You have paid a £500 deposit and have now changed your mind and want your money back.
How would you feel if you went to collect the car and the dealer had changed their mind and just gave you the money back?

Consumer laws were rightly put in place to prevent traders taking the piss out of customers, not so as customers can take the piss out of traders.

[imagineifyeswill]

It doesn't actually say the pipes corroded, it days corroded covered in grease or other material, it may be like new because someone has covered it in grease to stop it corroding.

[anonymous-user]

Has he said why he won’t fix the advisories?

[anonymous-user]

This is from the CRA

“ Faults, repairs and refunds

Under the new act, if a fault renders the product not of satisfactory quality, not fit for purpose or not as described, then the buyer is entitled to reject it within the first 30 days.”

But i guess it depends what is of satisfactory quality?
Not as described, if the advert says “excellent condition “ or similar for example?

How did you pay they deposit?

[OverSteery]

Craigyp79 said:

You completely have the right to ask for the deposit back.

The dealer completely has the right to deduct any losses from the deposit before giving it back.

IANAL - I believe that is true, but the car should be gone and the dealer have the money and space for a new sale. So the dealer's costs could include re-advertising, his time, an if he can only get a lower price for it, the difference in sale prices.

[stevemcs]

Iwantafusca said:

This is from the CRA

“ Faults, repairs and refunds

Under the new act, if a fault renders the product not of satisfactory quality, not fit for purpose or not as described, then the buyer is entitled to reject it within the first 30 days.”

But i guess it depends what is of satisfactory quality?
Not as described, if the advert says “excellent condition “ or similar for example?

How did you pay they deposit?

The only fault is the spring though ? its a used car and you would expect there to be wear and tear.

OP i wouldn't worry about it, if it bothers you that much then go out and buy a new car. Look at it the other way, they could have got a relaxed MOT where they turned a blind eye to everything, at least it sounds like the mot was genuine.

[davek_964]

Iwantafusca said:

This is from the CRA

“ Faults, repairs and refunds

Under the new act, if a fault renders the product not of satisfactory quality, not fit for purpose or not as described, then the buyer is entitled to reject it within the first 30 days.”

But i guess it depends what is of satisfactory quality?
Not as described, if the advert says “excellent condition “ or similar for example?

How did you pay they deposit?

If it's having a new MOT then it's probably over 3 years old - surface rust under the car doesn't stop it being excellent condition.
I'd describe one of my cars as immaculate - I'm damn sure if I looked underneath it I'd find some surface rust on a few bits though.

[Muzzer79]

jellywire9 said:

I put a £500 deposit down for a vehicle on Wednesday. The car was immaculate, drove well and has lots of documented service history. The dealer stated he would put a new MOT on the car as part of the deal. (dealer also has an onsite service station).

The car has been MOT'd and failed on 'nearside front coil spring fractured or broken' and has 4 advisories for 'nearside front brake pipe corroded, covered in grease or other material'. These advisories were present on the last MOT.

The dealer has stated he will fix the major but not the advisories. As I paid near asking price for the car I don't want to take the car with these advisories especially as the guy has a garage and could fix for low cost. Do have now have a right to ask for my deposit back?

Thanks

If the guy has a garage that could fix for low cost, why don't you pay them to fix them?

You paid a £500 deposit for an immaculate car which drives well and has a new MOT. The dealer is providing that.

You did not pay £500 deposit for an immaculate car with a new MOT and no advisories.

Honour the deal you made.

[davek_964]

A month ago, the OP was asking about cars around £6k:

https://www.pistonheads.com/gassing/topic.asp?h=0&...

Obviously that might not be related to the car in question - but if it is, then a little surface rust on the brake pipes hardly seems unreasonable.