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Ronan
Ronan, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 2243
Experience:  B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years
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We have bought a used car from a garage. We have been

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Hi,
We have bought a used car from a garage. We have been repeatedly assured that the car was free of crashes, and that we could get the car checked out by a garage to get that confirmed. After picking the car up, we did bring it in to our usual garage. They found out that not only was it crashed, the chassis is still dented.
We informed the seller about that. The seller then said that the car was still in great shape, that our garage lied (we have pictures and a signed report), and that it was our own fault for not having checked out the car before we bought it (call me gullible, but I trust a garages statement on something that can be easily verified).
I know that due to us being given wrong information the contract is pretty much void and we can withdraw from the contract. Criminal charges aside (if they did know about the condition of the car, as they should), that's our right. After a lot of arguing they agreed (by phone) on the 24.12.2016 to give us back the money. We would have to wait until this week though since their offices were closed. We now got a phone today again arguing that the car was in great shape (which is irrelevant), but they'd agree to do up a bank draft and walk to the bank with us to cash it. I'm not going out of my way anymore for them, I want the money back the same way we paid it (bank transfer). I wouldn't trust them with a fiver let alone the amount the car cost us (8300), and I certainly don't take time off for them.
What are our options?
Thanks, Chris

Simply have the bank draft sent out to you. There is no earthly reason, why they would need to go to the bank with you. Either have them transfer or lodge money to your account or send you out a draft

Customer: replied 5 months ago.
I guess what I'm asking is: If we take a stance of "my way or the highway" on this, in other words if we say "you pay us back the money the way we want it because we don't trust you and don't want to waste any more time and nerves on this", do we put ourselves in a bad spot legally? If it comes to escalating the whole issue and a court has to settle it in the end, can it be argued that the seller was willing to give us back our money but we didn't accept it because of "formalities"?Also I'd be interested to know if it came to escalation and the whole thing ended up in court, what are the odds of the seller succeeding if they outright lie and say that they have informed us about the damage before we bought the car (that would be a lie, but we don't have anything in writing)? I suppose their chances are slim as we're not gaining anything out of the whole ordeal, there is absolutely no motive for us to make this up.

He is giving back the money. If the matter came before the Court and he has maintained throughout that he wished to give you back the money then he'd simply lodge the sum into the Court and if you continued to pursue the case, the Court would order costs against you.

If he disputes your claim and the matter is fully contested then it will be a matter for evidence and the Judge will decide.

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