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Can you get deposit back from a main dealer...?


matth76

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Hi

I'm picking up my 3.5yr old 350 up this weekend from a main dealer and when I made an offer on the car it was on the condition a few scuffs and scratches were sorted out. My main concern is if I turn up and find they have not done any of the scratches or have only patched them up badly. If they can't rectify the problem I will definitely want to pull out. However as with any purchase I have paid a £500 deposit (with debit card not credit card). Downside nothing has been written down it was all verbal (the dealer said they were writing down all the points to be sorted but I don't have a copy) and even the dealer manager looked at my car and agreed on getting the scratches sorted out - again all verbal. However my question is if I have to pull out because they have not done the work as verbally agreed do I lose my deposit or do I have any rights? I am planning on phoning them tomorrow to find out if the work has been or is going to be completed for when I pick it up. However their version of "sorting" out the scratches may just be touching it up so it is still noticable and in my eyes a botched job in which case I will not be happy :angry:.

 

Thanks for any help or info.

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If it was me, I would make a point of visiting the dealership tomorrow, they’ll happily let you inspect any work they’ve carried out, better to go now than to find on Saturday that the work isn’t to an acceptable standard…

 

As for the terms of the deposit, this should be written on the back of the dealer receipt/paperwork… :thumbs:

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I put a deposit down with a dealer for a silver 350z of £200 with a Main Nissan dealer. Once I came to my senses and realised silver was dulllllllllllllllllllllllllllll I phoned them up and said I'd changed my mind and got my deposit back. Unless you have signed something to say its non refundable there is no reason for them to not refund your money.

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I'd check the paper work carefully, and act on Sarnies advice if needs be.

 

Did you have anyone with you when you had the agreements made? Verbal contracts can be just as binding as those on paper from what I've heard, so if you had a witness (I always take the missus or a mate), then they probably cant withold it. Shame you used debit card if the worst comes to it, as if it was CC they would act on your behalf if they didnt pay it back.

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Had my gf with me. They were friendly and helpful at the dealership. Phoned them today and they said they had machine polished it all (does this get rid of light scratches?) and done all the bits I mentioned plus sorted out some extra stone chips which has reassured me a lot so it all looks good plus MOT and full service done. Cant wait to drive it home. Having a long weekend too to enjoy it :D.

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If they havnet done a good job or its not what you want I am sure they will put it right and prob throw something in for the hassle if you complain, dealers are so keen to sell at the min that they will practically wipe your arse for you!

 

That said if they dont do it and refuse to give you your deposite back then just walk away with out giving any more money. Then write to them through recorded delivery telling them that you are rejecting the car under the sales of goods act 1979 as it is not fit for purpose, then go on to list all the reasons why it isnt. Offer them a solution eg fixing the car (obviously with some money off for your hassle) or returning your £500 and go on to say that if this isnt done within 7 days you will start county court proceding!

 

Then just sit back and watch them fold, they know they would lose in court and you would get comp so they will bend over backwards to sort it then!

 

http://en.wikipedia.org/wiki/Sale_of_Goods_Act_1979

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Phoned them today and they said they had machine polished it all (does this get rid of light scratches?) and done all the bits I mentioned plus sorted out some extra stone chips which has reassured me a lot

Does rather depend on how bad the scratches and scuffs were and how good they are with a machine polished. I'd suggest if there is a pro detailer near you (a few on here), get them to cast an eye over it. More damage than good can be done with a machine polisher in the wrong hands. I'm not saying they will not have done a good job, but sometimes its hard to spot until its too late. The Zeds paint is anorexic at best, never mind taking some more off! I'm probably being anal though :blush:

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Did you get a copy of the receipt/signed paperwork?

 

See what it's like on Saturday, have a good look over. If you are not 100% happy then do not pay the balance, you are in a strong bargaining position and it will be much easier to sort out now rather than later.

 

One thing i would say as a bit of a 'btw' - if you are purchasing anything at all over £100, ALWAYS pay be credit card. Especially in these times of companies going under left, right and centre.

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Thanks for the replies. Yes I got a copy of all the paperwork. I had a copy which was unsigned whereas they had the copy which I signed and I also have a receipt for the deposit paid. I agree I won't hand anything over unless I am 100% satisfied. I'll see how it is when I pick it up.

 

Has anyone else here had a machine polish? How did your car look afterwards? It must be just like a thorough polish and should hopefully make it look a bit better. I'm going to give a good wax when I get it back and once a month at least as I have always done with my current car.

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