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  1. #21
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    Agree with PP's, once past the cooling off period, and if the contact want subject to finance, then you're locked in.

    However, it makes more sense financially for the car yard to let you out of the contract and to keep your deposit as it's really money for nothing for them. They'll get to keep your deposit, and then still sell the car to someone else for full price. So really its better for them if they let you out of it.

    Hope that they're reasonable for you.

  2. #22
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    unlikely they'd bother pursuing you for the car sale, as others have said, it'd cost them too much in legal fees etc to bother.

    I agree you'll lose 100% of the deposit now you're outside the cooling off period.

    which is annoying, but at least they won't force you to buy the car (hopefully!!)

  3. #23
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    I really think people need to be careful 2nd guessing what will happen. If they go through the small debts court there are no legal fees.

    OP if there's a free legal service near you I'd get some advice on the contract. ASAP.

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    binnielici  (27-01-2016),JustJaq  (27-01-2016),Ngaiz  (27-01-2016)

  5. #24
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    Quote Originally Posted by Sonja View Post
    I'm curious. Why do you say that?

    As a lawyer in this thread I'm finding many of the replies, well, interesting.

    OP if it were me I would contact consumer affairs or legal aid if you are really worried and get someone to actually look at the contract for you. But I would also speak to the car yard ASAP as delaying it may only make it worse. You never know. They may be reasonable (crazy, I know).
    I say that because this is entirely what the deposit is designed for, compensation for buyers reneging on deals.

  6. #25
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    Quote Originally Posted by Sonja View Post
    I really think people need to be careful 2nd guessing what will happen. If they go through the small debts court there are no legal fees.

    OP if there's a free legal service near you I'd get some advice on the contract. ASAP.
    Quote Originally Posted by Sonja View Post
    I'm curious. Why do you say that?

    As a lawyer in this thread I'm finding many of the replies, well, interesting.

    OP if it were me I would contact consumer affairs or legal aid if you are really worried and get someone to actually look at the contract for you. But I would also speak to the car yard ASAP as delaying it may only make it worse. You never know. They may be reasonable (crazy, I know).
    I am not a lawyer but so totally agree with this.

    We have no idea on the T&C in your particular contract. Get it checked out first with a lawyer and then take their advice on what to do next.

  7. #26
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    Default Cancelling purchased of new (used) car

    Quote Originally Posted by mmaf View Post
    I say that because this is entirely what the deposit is designed for, compensation for buyers reneging on deals.
    People can have a view about what a deposit is intended to do but it's not what contract law provides (not that I'd really know for certain given I haven't read the contract).
    Last edited by Sonja; 27-01-2016 at 20:09.

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  9. #27
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    Quote Originally Posted by Rebecca79 View Post
    Unfortunately the money we were meant to receive to pay for this new car has fallen through.
    Even though we mentioned this to the salesman (subject to finance) it is not written in the contract.
    What do you mean by "money were meant to receive fell through"?

    I would have thought that "subject to finance" just meant subject to approval of a loan, not necessarily expecting 10grand etc to come from some other place.

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    All is good now. Thank you for your replies.
    My husband sold another car and we were waiting for that money to buy new car. The guy kept on telling us he's going to pay, we we never saw the money.
    Now it's all good, we have the money. Phew

  11. #29
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    Quote Originally Posted by Rebecca79 View Post
    All is good now. Thank you for your replies.
    My husband sold another car and we were waiting for that money to buy new car. The guy kept on telling us he's going to pay, we we never saw the money.
    Now it's all good, we have the money. Phew
    That must be a huge relief.

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  13. #30
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    Although I'm very happy for you OP I also wanted to know what would have happened! I was wondering if you would be forced to buy the whole car or just lose the deposit.

    So what did you buy?


 

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