My daughter bought a second hand car from a garage 3 days ago and paid cash, The car will not start and she has asked for a refund which they have agreed to, but are paying her back by cheque , this really doesnt matter but just out of curiosty can she demand cash back instead of a cheque?
2006-10-16 04:16:41 · 8 answers · asked by textkitten 3 in Cars & Transportation ➔ Buying & Selling
she could demand cash but normal practice is to give a cheque when dealing in larger sums of money as it is a lot safer to store on premises and if your daughter robbed and has cash its gone but a cheque can be cancelled and rewritten
2006-10-16 04:28:45 · answer #1 · answered by John "Freddie" West 3 · 0⤊ 0⤋
No she can't. Under The Bills of Exchange Act 1898 (I think) a cheque is treated as cash. Therefore if it bounces the payer has commited a fraud.
She is entitled to her consideration for the contract back (i.e. the money paid) but as a cheque is treated in the eyes of the law as cash, provided it doesn't bounce there is nothing that can done.
I note the comment below re "Buyer Beware". This is incorrect. Caveat Emptor only applies to a private sale. If the garage is a business or an individual who sells regularly then The Sale of Goods Act implies certain terms as to fitness for purpose etc.
2006-10-16 04:25:35 · answer #2 · answered by andrew w 2 · 0⤊ 0⤋
she should take the cheque and run.
Buyer beware.
The garage could refuse point blank if its second hand. No such thing as fit for purpose, its bought as seen unles she received a garantee or other statemetn such as "it'll run forever"
It could turn out to be a bag of nails and they could still refuse.
Don't hesitate, grab the cheque and get it cleared ASAP.
2006-10-16 04:26:52 · answer #3 · answered by Michael H 7 · 0⤊ 0⤋
it is unusual for any business to refund in cash as it makes accounting easier to fiddle, most insist on cheque refunds with debit card as a last offer
2006-10-16 04:21:32 · answer #4 · answered by Anonymous · 0⤊ 0⤋
I think they have been fair with her, relax about the cheque, unless it bounces!
2006-10-16 04:21:36 · answer #5 · answered by Nimbus 5 · 0⤊ 0⤋
Yes she can.
She paid cash she should expect cash back,
2006-10-16 04:19:55 · answer #6 · answered by Rich S 5 · 0⤊ 0⤋
Yes she can
2006-10-16 04:18:20 · answer #7 · answered by Sir Sidney Snot 6 · 0⤊ 0⤋
she could she may not get it thou good luck
2006-10-16 04:19:29 · answer #8 · answered by Iknow 2 · 0⤊ 0⤋