QLD Deposit paid car sold anyway

[Sjmg]

Hi,

Im just looking for advice on where we stand in this situation. My partner and I placed a “deposit” on a car on Tuesday which the dealer told me was to “hold the car”, stating that they are unable to sell it while we have the deposit on it. We paid the holding fee as we work during the week and couldn’t go to the dealership until the weekend. We had strong intentions of buying this car pending everything was in working order. We received a call this morning however saying that he has gone and sold it anyway. He is currently tiptoeing around whether we will get our deposit back or not. He’s said there is another car (same make and model) coming in (which is A LOT more expensive) and suggested we will only get our deposit back when we view this car and if we decide not to buy it.

Thanks

 

[Rob Legat - SBPL]

He can’t hold your deposit. While there’s not much else you can do except get your deposit back, you could suggest to him that he drop the price of the other car for mucking you around.

 

[Tim W]

Speaking as somebody who used to work in the motor trade
(albeit in a different state, and a long time ago now)...
my usual comments when people ask this question often include....

• There's no such thing as a "holding deposit".
  You're either buying the car, or you're not.
  While the dealer can agree to it, you cannot expect a dealer
  to take the car off the market while you continue shopping around.
  Truth be, if somebody else wants to actually buy the car, while you are dithering,
  then there's no reason not to sell it to the somebody else.
  
  
• Note that a sale being conditional upon finance is different,
  and might not be what you're doing.
  
  
• As to the deposit refund clause, same as the "holding deposit".
  That is, you're either buying the car, or you're not.
  You are not in K-Mart - you don't get a refund if you change your mind.
  That said, if you can persuade a dealer to agree to that term, then good for you.

 

[Ozwarlock67]

My understanding is that if you hadn't signed a purchase order, he can't hold your deposit.

 

[Rod]

The purchasers never changed their mind. They are entitled to the money or the car.