"no-returnable Deposit" advice needed!

[ianmac1234]

Im new on here so thanks for your help in advance!

 

My wife and i went to look at some cars last week, we ended up seeing the car we wanted and decided to buy. It needs a bit of body work doing to it (a few knocks and bangs here and there) so we agreed this would be repaired and to pick the car up this weekend (21/5/11). I was happy with the overall deal, hardly deal of the century but we werent being ripped off. After paying a £500 deposit I went away to feed the little one whilst my wife sorted the paper work as the car is for her. Upon getting home i read the document she signed and at the bottom it states "all deposits are non-refundable but are transferable". On same said piece of paper my wife signed it states "work needed - see job card" we have a signed copy of this "job card" listing all the work agreed wth the salesman.

 

I am an eternal pecimist! i am now rather worried that if these bits of bodywork are not rectified to an acceptible level and i refuse to buy the car i will loose my deposit. If these bits of bodywork didnt need doing then i wouldnt be bothered.

 

My question is: If the work is not completed to an acceptable standard and i refuse the vehicle is the sales company in breach of its own contract and i am entitled to my doeposit back?

 

The salesman said that it would look "like new" when we picked it up! unfortunately experience with garages has tought me to expect the worse so i want to know where i stand before i walk in and refuse to complete the purchase and start threatening legal action to get my deposit back!!!

 

i hope that makes sense!!

[raydetinu]

well you signed the document with those terms and conditions, so dont be surprised if they wont refund your deposit!

Just hope that work done is ok for you.

Deposit can be deemed you are purchasing an option to buy at a given price, and they in return will not sell to anybody else while you consider it and/or work done as agreed. the deposit is then deducted from the final price to pay. if you do not proceed then deposit is forfeited, and your agreement to purchase is then cancelled.

Anyway hope it all works out ok.

[ianmac1234]

That's fine if I'm the one who breaks the agreement but if they fail to do said works then surely they are in breach of the agreement??

[Dragons Dennis]

Why oh why are you already creating a problem that doesn't exist? Why don't you just wait and see if the car is presented you as promised 'looking like new'.

[ianmac1234]

Because I want to know what to do if it's not! And thanks for such a helpful reply.

[blackknight]

If the work is done all well and good, if the work is not done as written on the job sheet you are entitled to your money back, simple

[Jeepstar]

The trader wants to sell the car as much as you want to buy. I assume you have the balance to pay? If when you go to collect the car isn't up to standard then dont hand over the balance until it is. No reason why it shouldn't be ok.

[ianmac1234]

Sure, just trying to re-assure my wife, she's upset that we may loose the money if the cars not right as she's the one who signed the agreement.

 

Fingers crossed! Thanks for the help with my query.