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Cancelled car purchase

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  • 05-02-2013 1:26pm
    #1
    Bruce7
    Closed Accounts Posts: 500 ✭✭✭


    I agreed to buy a (used) car from a reputable dealer in South Dublin on Saturday afternoon, and paid a deposit of 1k. At just after 9am on Monday morning, I cancelled the deal which resulted in my forfeiting all of my deposit. I know that the dealer is within their rights legally and am not challenging that.

    But just because they can do something doesn't mean that they should.

    They only had the car off the market for a few hours, and didn't incur any costs. They could have returned at least some of it, which would have earned some good will, and I would have gone back to them when the situation that prevented me from going through with it is resolved; it wasn't a case of financial difficulty.

    Instead, needless to say, I will never go near this firm again and will be warning everyone I know (all pretty much their exact target market) to avoid them for as long as I live. It just strikes me as a very poor, short-sighted way of doing business.

    On a wider point, I have never had a positive experience with a car dealer since I bought my first car. When I see them going out of business at the rate they are going, I can't help but cheer.


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    #2
    Henry Ford III
    Moderators, Business & Finance Moderators Posts: 17,722 Mod ✭✭✭✭Henry Ford III


    2 questions.

    1/. Why did you back out?
    2/. Why did you leave such a big deposit?

    Unfortunately it's unlikely the garage will care if you never buy from them again. They are within their rights to retain every cent of your deposit too.


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    #3
    JohnBoy26
    Registered Users Posts: 8,532 ✭✭✭JohnBoy26


    Well unfortunatly that's the whole point of a deposit. However, morally the right thing to do would be to return the money to you imo, as 1k is quiet a substantial deposit and a lot of money for some one to lose. If it was the sake of only a couple of hundred quid id have more of an understanding on the dealers behalf.


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    #4
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    Bruce7 wrote: »
    I know that the dealer is within their rights legally and am not challenging that.

    So what are you complaining about?


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    #5
    Stallingrad
    Registered Users Posts: 4,180 ✭✭✭Stallingrad


    Just because they can withhold the deposit doesn't mean they should. Sure if the dealer was inconvenienced or had turn away someone who was interested in the car. Hard to justify otherwise.

    Hard lesson learned OP, small deposit, always.


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    #6
    Senecio
    Closed Accounts Posts: 971 ✭✭✭Senecio


    Why not ask them if they'll hold the deposit open for a few months in case circumstances change and you find another car on their lot that takes your fancy.

    They're under no obligation, but it can't hurt to ask.


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    #7
    biko
    Registered Users Posts: 81,220 ✭✭✭✭biko


    Unfortunately they can do this and don't think that their name won't pop up on review sites with negative comments instead of returning the deposit, or part off, and get good reviews.


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    #8
    Senna
    Registered Users Posts: 8,800 ✭✭✭Senna


    Did you ask them about using part/full amount of the deposit for a future car purchase? (Within a certain time period)
    €1k of a deposit was very short sighted, €100 will hold any car if you tell them you'll be back within a couple of days, I would never pay more.


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    #9
    ants09
    Registered Users Posts: 715 ✭✭✭ants09


    Bruce7 wrote: »
    I agreed to buy a (used) car from a reputable dealer in South Dublin on Saturday afternoon, and paid a deposit of 1k. At just after 9am on Monday morning, I cancelled the deal which resulted in my forfeiting all of my deposit. I know that the dealer is within their rights legally and am not challenging that.

    But just because they can do something doesn't mean that they should.

    They only had the car off the market for a few hours, and didn't incur any costs. They could have returned at least some of it, which would have earned some good will, and I would have gone back to them when the situation that prevented me from going through with it is resolved; it wasn't a case of financial difficulty.

    Instead, needless to say, I will never go near this firm again and will be warning everyone I know (all pretty much their exact target market) to avoid them for as long as I live. It just strikes me as a very poor, short-sighted way of doing business.

    On a wider point, I have never had a positive experience with a car dealer since I bought my first car. When I see them going out of business at the rate they are going, I can't help but cheer.

    Did you go into the dealer and pay the deposit or did you see the car on the net and phone up and pay over the phone ?

    Also was it paid by cash or credit card


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    #10
    Bruce7
    Closed Accounts Posts: 500 ✭✭✭Bruce7


    djimi wrote: »
    So what are you complaining about?

    The point of a deposit is to compensate the seller for any losses incurred due to my not completing the contract. In this case, due to the very short amount of time involved, the amount of compensation far outweighs any potential losses.

    There is a difference between a moral right and a legal right.

    There's a difference between good business and bad business.

    There's a difference between the long term and the short term.

    The dealer has acted shabbily and dishonourably. That's all I am saying.


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    #11
    Mint Sauce
    Registered Users Posts: 29,293 ✭✭✭✭Mint Sauce


    Were you told deposit was none refundable before handing over the cash?

    If yes, not really sure you have a complaint. As already said, ask if you can put towards a different car.


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    #12
    godtabh
    Moderators, Science, Health & Environment Moderators Posts: 23,220 Mod ✭✭✭✭godtabh


    Bruce7 wrote: »
    The point of a deposit is to compensate the seller for any losses incurred due to my not completing the contract. In this case, due to the very short amount of time involved, the amount of compensation far outweighs any potential losses.

    There is a difference between a moral right and a legal right.

    There's a difference between good business and bad business.

    There's a difference between the long term and the short term.

    The dealer has acted shabbily and dishonourably. That's all I am saying.

    and prevent time wasters


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    #13
    MidlandsM
    Banned (with Prison Access) Posts: 5,737 ✭✭✭MidlandsM


    As a car dealer myself,Whilst legal of that crowd, I think its poor form and kinda immoral to withhold and not return 1k to someone.

    I've often had deposits down on cars from people, and for one reason or another they back out..........and I'd give them their deposit back.......like we're all human......and sh!t happens etc...


    just my feelings on it......


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    #14
    tossy
    Registered Users Posts: 9,590 ✭✭✭tossy


    1k of a deposit is stupid,i bet the dealer is cheering - the same way you would be if he went out of business.

    50/100 euro is enough of a deposit on any reasonably priced car.


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    #15
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    Bruce7 wrote: »
    The point of a deposit is to compensate the seller for any losses incurred due to my not completing the contract. In this case, due to the very short amount of time involved, the amount of compensation far outweighs any potential losses.

    There is a difference between a moral right and a legal right.

    There's a difference between good business and bad business.

    There's a difference between the long term and the short term.

    The dealer has acted shabbily and dishonourably. That's all I am saying.

    You accepted that the deposit was legally non-refundable, yet now that you had to back out of the deal you are intent on rubbishing the dealers name because they wont refund the deposit. Im sorry but to me thats not very moral either.


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    #16
    dorkacle
    Closed Accounts Posts: 346 ✭✭dorkacle


    I find it difficult believe how accepting you seem to give up €1000 yet your citing financial issues for not going true with the purchase?

    I know personally I would be going mad, in saying that though I wouldn't have put a deposit of so much down in the first place.

    I would definitely recommend (as already mentioned) getting in touch with them and seeing if you can at least make use of the €1000 at a later date!


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    #17
    Bruce7
    Closed Accounts Posts: 500 ✭✭✭Bruce7


    dorkacle wrote: »
    I find it difficult believe how accepting you seem to give up €1000 yet your citing financial issues for not going true with the purchase?

    I said it wasn't a financial reason that made me not go through with it.

    I didn't know that 1k was an unusually large deposit. It is what they asked for.


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    #18
    Henry Ford III
    Moderators, Business & Finance Moderators Posts: 17,722 Mod ✭✭✭✭Henry Ford III


    Bruce7 wrote: »
    I said it wasn't a financial reason that made me not go through with it.

    I didn't know that 1k was an unusually large deposit. It is what they asked for.

    What was it then?


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    #19
    quad_red
    Registered Users Posts: 5,561 ✭✭✭quad_red


    djimi wrote: »
    You accepted that the deposit was legally non-refundable, yet now that you had to back out of the deal you are intent on rubbishing the dealers name because they wont refund the deposit. Im sorry but to me thats not very moral either.

    If the period of time was literally a few hours, then it's meanness of the highest order. I say sing it from the rooftops OP if it makes ye feel better.

    Good customer relations goes a long way. As does the opposite.


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    #20
    Bruce7
    Closed Accounts Posts: 500 ✭✭✭Bruce7


    djimi wrote: »
    You accepted that the deposit was legally non-refundable, yet now that you had to back out of the deal you are intent on rubbishing the dealers name because they wont refund the deposit. Im sorry but to me thats not very moral either.

    I won't be rubbishing their name. I will be telling anyone I know who is considering buying one of the cars in question about the experience I had with one of their main dealers. It is their actions that are rubbishing their name.

    All I am saying is that they could have had a customer for life and made a lot more than a thousand euros out of me if they had handled this situation differently.


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    #21
    aristotle25
    Registered Users Posts: 692 ✭✭✭aristotle25


    Bruce7 wrote: »
    I know that the dealer is within their rights legally and am not challenging that.

    Did you sign a contract that states the deposit is not refundable?


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    #22
    Bruce7
    Closed Accounts Posts: 500 ✭✭✭Bruce7


    aristotle25 wrote: »
    Did you sign a contract that states the deposit is not refundable?

    Yes


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    #23
    MidlandsM
    Banned (with Prison Access) Posts: 5,737 ✭✭✭MidlandsM


    Bruce7, why did you pull out of the deal?


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    #24
    Henry Ford III
    Moderators, Business & Finance Moderators Posts: 17,722 Mod ✭✭✭✭Henry Ford III


    Bruce7 wrote: »
    Yes

    Then you are bound by it unfortunately, and have no entitlement to a refund legally or morally.

    Look at the bright side - They might have asked for a €5k deposit.


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    #25
    bobin fudge
    Closed Accounts Posts: 656 ✭✭✭bobin fudge


    Perhaps explain the reason why you pulled out, also explain that you would still have used their garage for business, ask to speak to somone higher up to explain the above if needbe.

    As has been said they are not legally entitled to refund you,but if I was a grand down in less than 24 hours I would try everything possible to see if I could get it back. If not then just have to let it go


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    #26
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    quad_red wrote: »
    If the period of time was literally a few hours, then it's meanness of the highest order. I say sing it from the rooftops OP if it makes ye feel better.

    Good customer relations goes a long way. As does the opposite.

    It was two days later.


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    #27
    dorkacle
    Closed Accounts Posts: 346 ✭✭dorkacle


    Bruce7 wrote: »
    I said it wasn't a financial reason that made me not go through with it.

    I didn't know that 1k was an unusually large deposit. It is what they asked for.

    Oh, sorry I mis-read.

    Well like already said, get in contact, ask for someone senior and explain your situation and hope for the best.
    Hopefully they are not completely unreasonable!

    Why didn't you take the car in the end anyways?


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    #28
    djimi
    Registered Users Posts: 13,237 ✭✭✭✭djimi


    Bruce7 wrote: »
    I won't be rubbishing their name. I will be telling anyone I know who is considering buying one of the cars in question about the experience I had with one of their main dealers. It is their actions that are rubbishing their name.

    All I am saying is that they could have had a customer for life and made a lot more than a thousand euros out of me if they had handled this situation differently.

    So you will be rubbishing their name then?

    You wanted to pull out of the deal; they werent even going to get a one off customer from you, let alone a potential customer for life.

    You signed that you agreed to a non-refundable deposit. Its a crap situation and Im not suggesting that I would be any happier than you are if it were me, but you have no right to complain and you certainly have no right to go around bad mouthing them because of this.


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    #29
    Bruce7
    Closed Accounts Posts: 500 ✭✭✭Bruce7


    Henry Ford III wrote: »
    Then you are bound by it unfortunately, and have no entitlement to a refund legally

    I know that
    Henry Ford III wrote: »

    or morally.

    Show me how. If you buy something from a shop you can return it for a full refund. If you sign a contract to buy a financial product you have a 30 day cooling off period during which you can cancel it with no penalty. If you agree to buy a house, you can pull out of the deal any time before it closes.

    These are just examples, but they are evidence that there is no such thing as a universal moral obligation to follow through with a planned purchase.

    So why, in your opinion, is the motor trade an exception?


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    #30
    Valetta
    Closed Accounts Posts: 2,611 ✭✭✭Valetta


    djimi wrote: »
    So you will be rubbishing their name then?

    You wanted to pull out of the deal; they werent even going to get a one off customer from you, let alone a potential customer for life.

    You signed that you agreed to a non-refundable deposit. Its a crap situation and Im not suggesting that I would be any happier than you are if it were me, but you have no right to complain and you certainly have no right to go around bad mouthing them because of this.

    I would fundamentally disagree with the highlighted part.

    OP has every right to complain- it doesn't mean they will get anywhere, or even have anyone listen to them, but they can complain.

    They are also perfectly entitled to tell anyone they like their experience. The truth is never badmouthing, it's just facts.


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    #31
    Gary ITR
    Closed Accounts Posts: 16,801 ✭✭✭✭Gary ITR


    Bruce7 wrote: »
    I know that



    Show me how. If you buy something from a shop you can return it for a full refund. If you sign a contract to buy a financial product you have a 30 day cooling off period during which you can cancel it with no penalty. If you agree to buy a house, you can pull out of the deal any time before it closes.

    These are just examples, but they are evidence that there is no such thing as a universal moral obligation to follow through with a planned purchase.

    So why, in your opinion, is the motor trade an exception?

    No yo can't. Some High Street stores operate a policy of issuing refunds but they are not obliged

    You paid a deposit, pulled out and subsequently lost it, for goodwill some businesses might have returned it but others won't. For all you know they might have agreed the purchase of more stock on the back of the sale to you


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