Deposit and unfulfilled purchase
Deposit and unfulfilled purchase
Author
Discussion

GarageQueen

Original Poster:

2,295 posts

276 months

Thursday 5th January 2017
quotequote all
Dear all,

A question from those in the know if I may.

I might be in a difficult position regarding a purchase which I placed a deposit on (a pre-owned car actually). I have paid a substantial deposit and now there is a risk I can't complete the sale.

The contract agreed was with a non-refundable deposit.

Now.... if I don't complete on this sale I lose my deposit, which I can understand......but what I don't understand is that this amount is totally arbitrary and bears no relation to the 'loses' incurred by the seller, in fact the seller is set to do well if I don't complete.

Surely, in law somewhere, there has to be a rule that says the loss of a deposit has to relate to the loses incurred by the seller, (i.e re-marketing cost, revaluation of the product etc).


thoughts?


Edited by GarageQueen on Thursday 5th January 20:43

spookly

4,393 posts

125 months

Thursday 5th January 2017
quotequote all
My thought would be: suck it up princess.

The deposit amount might be arbitrary, but you agreed to it.
I don't understand why you would ever put a deposit down on a purchase you were not 100% sure you would complete.

shake n bake

2,221 posts

237 months

Thursday 5th January 2017
quotequote all
It's straight forward with cars, they can keep a proportion of your deposit to allow for time taken off sale, lost advertising ect.
Have you spoken to the garage? Could you proceed with the purchase then sell it on soon after?

Vaud

59,685 posts

185 months

Thursday 5th January 2017
quotequote all
Post up a scan of the contract. Just because it is written in a contract, does not mean it is enforceable, but without the contract we can't advise.

GarageQueen

Original Poster:

2,295 posts

276 months

Thursday 5th January 2017
quotequote all
shake n bake said:
It's straight forward with cars, they can keep a proportion of your deposit to allow for time taken off sale, lost advertising ect.
Have you spoken to the garage? Could you proceed with the purchase then sell it on soon after?
thats how I see it should be, a proportion taken t cover loses, but thats not whats being discussed at the moment.

it troubles me because if I was in that situation, i'd just take half or something to cover the costs.

Trabi601

4,865 posts

125 months

Thursday 5th January 2017
quotequote all
GarageQueen said:
Dear all,

A question from those in the know if I may.

I might be in a difficult position regarding a purchase which I placed a deposit on (a pre-owned car actually). I have paid a substantial deposit and now there is a risk I can't complete the sale.

The contract agreed was with a non-refundable deposit.

Now.... if I don't complete on this sale I lose my deposit, which I can understand......but what I don't understand is that this amount is totally arbitrary and bears no relation to the 'loses' incurred by the seller, in fact the seller is set to do well if I don't complete.

Surely, in law somewhere, there has to be a rule that says the loss of a deposit has to relate to the loses incurred by the seller, (i.e re-marketing cost, revaluation of the product etc).


thoughts?
They could potentially lose more than your deposit, depending on how quickly it takes to re-sell and what they finally get for it.

POORCARDEALER

8,667 posts

271 months

Thursday 5th January 2017
quotequote all


depends on the contract you signed for starters

Joe5y

1,638 posts

213 months

Thursday 5th January 2017
quotequote all
If they dig their heals in could you not forfill the purchase and sell the car immediately after only incurring a small loss of at all?

anonymous-user

84 months

Thursday 5th January 2017
quotequote all
GarageQueen said:
Dear all,

A question from those in the know if I may.

I might be in a difficult position regarding a purchase which I placed a deposit on (a pre-owned car actually). I have paid a substantial deposit and now there is a risk I can't complete the sale.

The contract agreed was with a non-refundable deposit.

Now.... if I don't complete on this sale I lose my deposit, which I can understand......but what I don't understand is that this amount is totally arbitrary and bears no relation to the 'loses' incurred by the seller, in fact the seller is set to do well if I don't complete.

Surely, in law somewhere, there has to be a rule that says the loss of a deposit has to relate to the loses incurred by the seller, (i.e re-marketing cost, revaluation of the product etc).


thoughts?


Edited by anonymous-user on Thursday 5th January 20:43
Why, oh why, didn't you think this through before making the contract?

anonymous-user

84 months

Thursday 5th January 2017
quotequote all
If it's the 997.2 GT3 RS, it's 15-20k overpriced anyway smile

Ask them and see what you can sort out.

rallycross

13,757 posts

267 months

Thursday 5th January 2017
quotequote all
If it's a non returnable deposit then it's non returnable - a good way to weed out the timewaster dreamers and messers, otherwise a deposit means nothing so why even bother leaving one?

2gins

2,861 posts

192 months

Thursday 5th January 2017
quotequote all
13 years on PH and you go into a deal agreeing such unfavourable terms?

Not very helpful and no offence intended but crikey man. One should know better!

KungFuPanda

4,642 posts

200 months

Friday 6th January 2017
quotequote all
You should have paid a less substantial deposit.

Only pay a deposit at a level which you're willing to lose.

tigger1

8,476 posts

251 months

Friday 6th January 2017
quotequote all
spookly said:
<snip>

I don't understand why you would ever put a deposit down on a purchase you were not 100% sure you would complete.
At the very most it should be weighed up against how willing you are to lose said deposit.

1. What does the contract say?
2. Have you asked the seller?
3. Are there other options (finance and sell on) that may be less costly than the "substantial" deposit?

G'luck - you may need it.

spookly

4,393 posts

125 months

Friday 6th January 2017
quotequote all
tigger1 said:
spookly said:
<snip>

I don't understand why you would ever put a deposit down on a purchase you were not 100% sure you would complete.
At the very most it should be weighed up against how willing you are to lose said deposit.

1. What does the contract say?
2. Have you asked the seller?
3. Are there other options (finance and sell on) that may be less costly than the "substantial" deposit?

G'luck - you may need it.
I won't need any luck as it wasn't me biggrin

Steve H

7,601 posts

225 months

Friday 6th January 2017
quotequote all
GarageQueen said:
Now.... if I don't complete on this sale I lose my deposit, which I can understand......but what I don't understand is that this amount is totally arbitrary and bears no relation to the 'loses' incurred by the seller, in fact the seller is set to do well if I don't complete.
It's not arbitrary, it's the amount you agreed to confused.



PurpleMoonlight

22,362 posts

187 months

Friday 6th January 2017
quotequote all
https://www.gov.uk/government/uploads/system/uploa...


Unfair Terms in Consumer Contracts Regulations 1999

See section 6.

tigger1

8,476 posts

251 months

Friday 6th January 2017
quotequote all
spookly said:
tigger1 said:
spookly said:
<snip>

I don't understand why you would ever put a deposit down on a purchase you were not 100% sure you would complete.
At the very most it should be weighed up against how willing you are to lose said deposit.

1. What does the contract say?
2. Have you asked the seller?
3. Are there other options (finance and sell on) that may be less costly than the "substantial" deposit?

G'luck - you may need it.
I won't need any luck as it wasn't me biggrin
In that case, a curse on the house of Spookly wink , and good luck to the OP beer