Left a deposit on a car i havent seen..
Left a deposit on a car i havent seen..
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Discussion

irfan1712

Original Poster:

1,273 posts

173 months

Thursday 19th July 2018
quotequote all
So first point - I was daft enough to leave a deposit on a car I haven’t seen or driven.

The car question is a Gen 2 Panamera 4.0 V8 Diesel. It’s replacing my workhorse 530d which I sold yesterday and ‘toy’ C63 as an all in one car as running two cars was a bit silly.

My local opc is buying the car into stock from another dealer ( as I found it on the Porsche Locator online and it was some distance from me) so they agreed to bring it into their inventory for me so they can have the sale and I can start building a relation with my local opc for hopefully future purchase.

So I agreed some figures, left a £2k deposit over the phone and eagerly await the Porsche to arrive into the local opc. However, last weekend the counter offer I made on a property has been followed up and actually accepted (well over a month after they declined!) and it’s too good to miss out. So, I don’t think I’ve timed my Porsche purchase correctly but now I’m left with no ‘work’ Car either and I don’t fancy running my c63 up and down the m4 everyday.

I emailed them last week apologising and to pull out of the deal following a refund of the deposit minus any reasonable costs they may suffer, bearing in mind the panamera is still in the original dealership and hasn’t moved. The salesman called me Monday panicking saying it wasn’t just about loosing my deposit but I’d be creating a whirlwind for him as he’ll be stuck with a car in their inventory that they haven’t really asked for. In my head I thought fair, and at the end of the day I clearly want the car otherwise I wouldn’t have left a deposit so I though no worries we’ll play it by ear when the car comes.

At the end of the day I showed commitment to leave the deposit because I wanted the car and apart of me still does, but even if I drove the car or seen it this weekend and something is wrong then I’m not going ahead with the deal anyway.

I have a feeling i’ll See the car drive it and love it. However, Where do I stand with this ‘IF’ I wanted to pull out of the deal - if I have to write off the deposit then so be it, but am I legally bound to having this car even though I’ve not signed or seen any PCP documents yet? Is it not reasonable that from my deposit they can deduct costs for transport and restocking the car (bearing in mind I tried doing this before the car left the original opc last week)?

Appriciate your input.


[EDIT: I posted this on my phone and must have pressed wiki by accident hence the other thread...my bad!]

XMT

3,948 posts

167 months

Thursday 19th July 2018
quotequote all
You've put a deposit down on an unseen car which you have not driven.
I would expect nothing less than to get your full deposit back.

They might spin you a few lines and usual rubbish but just say look lets not beat around the bush here, I don't want to leave on bad terms with your dealership or porsche.

I will be looking again in 4-6 months time at getting one once things settle down so I would be grateful if you could make this a a nice experience of refunding my deposit with no hard feelings and I will return once ready.

Next time you leave a deposit always always say its a refundable deposit incase I dont like the car.

Andehh

7,419 posts

226 months

Thursday 19th July 2018
quotequote all
Hmm, deposit is a deposit. Why did you agree £2k?? I left a £200 on our last £25k car purchase from main dealer, unseen.

I would have stayed quiet, test driven, gone over fine toothed comb and found a reason to walk away if I was in "an emergency deposit back required situation."

(Then again, i would have been more careful with my purchases and left a considerably smaller deposit, which I could afford to loose if something changed. wink)

hornmeister

814 posts

111 months

Thursday 19th July 2018
quotequote all
Check the terms when you handed over the deposit. It may have been non refundable or only refundable in certain circumstances.

But I don't really understand why you want to back out. Will you not need a car if you move, or will you not be able to afford it? Or is it just 2nd thoughts?

You'll need to weigh up the cost to you of not purchasing (probable loss of some or all deposit) against the cost and hassle of purchasing maybe on finance and then flogging it on, with associated penalties and sale losses. I'm sure this will top £2K fairly quickly.

If it's all main dealers then I can't really see the issue in backing out, maybe £500 or so loss of deposit for admin time and expenses (they may need to pay for cancelled transport costs etc)but I can't see a justifiable claim for much more if it's not actually moved yet. It'll be down to their discretion if there's no get out clause in the deposit.








Edited by hornmeister on Thursday 19th July 14:15


Edited by hornmeister on Thursday 19th July 14:15

walm

10,637 posts

222 months

Thursday 19th July 2018
quotequote all
Don't distant selling regs (or whatever they are now) apply here?

https://www.thecarexpert.co.uk/is-my-deposit-refun...

"if the entirety of the sale takes place off-premises (so you are buying a car without ever visiting the dealership), then you have 14 days to change your mind"

You might have more luck on the SP&L forum.

TooMany2cvs

29,008 posts

146 months

Thursday 19th July 2018
quotequote all
XMT said:
You've put a deposit down on an unseen car which you have not driven.
I would expect nothing less than to get your full deposit back.
There's a difference between it not being as described (in which case you're right) and changing your mind (which is what the OP has done - the reasons aren't the dealer's problem).

The dealer, who he wants to "build a relationship with", have gone to time, trouble and expense on his behalf, following his commitment. If cancelling the order is simply because of changing his mind, then they're well within their rights to look for recompense for that out of the deposit.

Anything other than buying the car is certainly going to colour that future relationship...

anonymous-user

74 months

Thursday 19th July 2018
quotequote all
walm said:
Don't distant selling regs (or whatever they are now) apply here?

https://www.thecarexpert.co.uk/is-my-deposit-refun...

"if the entirety of the sale takes place off-premises (so you are buying a car without ever visiting the dealership), then you have 14 days to change your mind"

You might have more luck on the SP&L forum.
Yup, thats how I understand it too, sale took place away from the dealer so OP is well within his rights to request a full refund.

Gav147

983 posts

181 months

Thursday 19th July 2018
quotequote all
TooMany2cvs said:
There's a difference between it not being as described (in which case you're right) and changing your mind (which is what the OP has done - the reasons aren't the dealer's problem).

The dealer, who he wants to "build a relationship with", have gone to time, trouble and expense on his behalf, following his commitment. If cancelling the order is simply because of changing his mind, then they're well within their rights to look for recompense for that out of the deposit.

Anything other than buying the car is certainly going to colour that future relationship...
They've hardly gone to much expense have they, reading the op it's been at least a week or so since placing the deposit and porsche still haven't moved the car... So at most it's cost them a phone call... The op also said he would accept a fair deduction from his deposit. I'm sure Porsche have worse customers.

HTP99

24,506 posts

160 months

Thursday 19th July 2018
quotequote all
CaptainMorgan said:
walm said:
Don't distant selling regs (or whatever they are now) apply here?

https://www.thecarexpert.co.uk/is-my-deposit-refun...

"if the entirety of the sale takes place off-premises (so you are buying a car without ever visiting the dealership), then you have 14 days to change your mind"

You might have more luck on the SP&L forum.
Yup, thats how I understand it too, sale took place away from the dealer so OP is well within his rights to request a full refund.
But he hasn't bough the car, he's only left a deposit and when he goes to the dealership to look at/drive it, then distance selling rules no longer apply.

MK1RS Bruce

725 posts

158 months

Thursday 19th July 2018
quotequote all
To answer your question, you have no obligation to continue with the purchase of the car.

I would say the dealer would be in their rights to hold onto your deposit unless there is a reason the car is not suitable.

The fact that they are left with a car they don't want in their stock is their problem.

Earthdweller

16,794 posts

146 months

Thursday 19th July 2018
quotequote all
HTP99 said:
CaptainMorgan said:
walm said:
Don't distant selling regs (or whatever they are now) apply here?

https://www.thecarexpert.co.uk/is-my-deposit-refun...

"if the entirety of the sale takes place off-premises (so you are buying a car without ever visiting the dealership), then you have 14 days to change your mind"

You might have more luck on the SP&L forum.
Yup, thats how I understand it too, sale took place away from the dealer so OP is well within his rights to request a full refund.
But he hasn't bough the car, he's only left a deposit and when he goes to the dealership to look at/drive it, then distance selling rules no longer apply.
I’ve bought a three cars now from dealers at the opposite end of the country without seeing them other than online

And left deposits on them .. every time it has been made clear by the selling dealer that it is subject to me viewing/test driving and being happy with the car

So .. deal agreed but if I’m not happy with the car .. no prob

First time I saw the cars was when I went to collect

Each time I’ve been more than happy and found the dealers excellent to deal with .. obv I never tried to pull out once I examined/drove the car but they did make it clear if I wasn’t happy with the car then the deal was off and my deposit would be refunded

They’ve all been BMW dealers though

Wooda80

1,743 posts

95 months

Thursday 19th July 2018
quotequote all
Thread should be titled "Asked someone to go and buy a car for me, gave them some money to confirm my intent to prurchase, now my circumstances have changed and I'm going to leave them owning a car that they didn't want. Can anyone help me justify?"

walm

10,637 posts

222 months

Thursday 19th July 2018
quotequote all
HTP99 said:
CaptainMorgan said:
walm said:
Don't distant selling regs (or whatever they are now) apply here?

https://www.thecarexpert.co.uk/is-my-deposit-refun...

"if the entirety of the sale takes place off-premises (so you are buying a car without ever visiting the dealership), then you have 14 days to change your mind"

You might have more luck on the SP&L forum.
Yup, thats how I understand it too, sale took place away from the dealer so OP is well within his rights to request a full refund.
But he hasn't bough the car, he's only left a deposit and when he goes to the dealership to look at/drive it, then distance selling rules no longer apply.
Right, exactly.
So he doesn't need to go to the dealership.
Just phone / email and say he doesn't want the car now, please send deposit back.