I payed $2000 cash as a deposit for a car to a mates' dad, I've lost my job and need my cash back! He said unlucky as I have broken our agreement and have lost my deposit as he could have sold the car long ago but was holding the car for me.
2007-11-20 15:08:50 · 4 answers · asked by Reggie Jnr 1 in Cars & Transportation ➔ Buying & Selling
IF YOUR CONTRACT STATES THAT ANY AND ALL DEPOSITS ARE NON-REFUNDABLE THEN IT WOULD BE PRETTY HARD TO GET IT BACK.
IF NOT YOU HAVE A VERY GOOD CHANCE TO RECOVER SOME IF NOT ALL OF YOUR MONEY THROUGH THE SMALL CLAIMS COURT SYSTEM.
THE REASON IS SIMPLE, IF THE SELLER WAS DAMAGED BY WHAT YOU DID TO HIM "AND FORGET ABOUT YOUR JOB", BUT HE MAYBE LOST OUT BECAUSE SOMEONE ELSE WANTED TO BY THIS VEHICLE BUT COULD NOT BECAUSE OF THIS DEPOSIT, THEN YOU WOULD BE ENTITLED TO SOME OF THE MONEY.
IF SOMEONE HAS BOUGHT THE VEHICLE AND HE WAS NOT DAMAGED THEN HE WOULD HAVE TO GIVE YOU BACK THE MONEY LESS ANY ADVERTISING FEES THAT THE SELLER MIGHT BE OUT.
WHAT YOU WILL NEED TO FIND OUT IS, HAS THE VEHICLE BEEN SOLD, WHEN IT WAS SOLD AND WHAT PRICE IT WAS SOLD FOR, YOU WILL NEED TO HAVE ANY CONTRACTS THAT MAY HAVE BEEN SIGNED AND ANY RECEIPTS AND ANY ADVERTISEMENTS THAT THE SELLER HAS PUT IN THE PAPER.
WHAT THE COURT SYSTEM WILL DO IS ONLY MAKE THE SELLER WHOLE AGAIN BUT THE SELLER CANNOT SELL THE VEHICLE PLUS KEEP YOUR DEPOSIT IF HE SOLD IT FOR THE SAME AMOUNT THAT YOU AGREED ON HE WOULD THEN BE IN A PLUS SITUATION AND THAT IS UNACCEPTABLE.
GOOD LUCK
2007-11-20 16:04:31 · answer #1 · answered by Anonymous · 5⤊ 0⤋
There's no way to get it without some written contract that would allow you to return the car within a certain time period to get a full refund. Sorry to hear about you losing your job. Your mates Dad should atleast give you some so you can get by.
2007-11-20 23:14:36 · answer #2 · answered by aric_714 4 · 0⤊ 0⤋
He ( I assume the car dealer ) is full of it, but the proof is in the contract that you signed with the dealer. He could be a nice guy, after all, if he could have sold the car before, he should be able to sell it now.
2007-11-20 23:38:49 · answer #3 · answered by cattbarf 7 · 0⤊ 0⤋
The only way to get your money back is to take him to small claims court. File a lawsuit against him.
He has no grounds for keeping your deposit. He can give you your money back and still sell the car.
2007-11-20 23:18:50 · answer #4 · answered by mccoyblues 7 · 0⤊ 0⤋