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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I put down a deposit for a new car in Aug 2009 with an expected

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I put down a deposit for a new car in Aug 2009 with an expected delivery date of mid Nov. This was extended to the 3rd week of Jan 2010, and has now moved to the 3rd week of Feb. Can I get out of the contract and get my deposit back?

HelloCustomer

It seems that a contract was most likely formed between you and the dealer when you paid the deposit, did you also sign an agreement the same time?.

You should check the terms of the agreement for references to delivery. It is most likely a standard form contract that the dealer uses and will likely have a term relating to delivery. If the two delays you have experienced breach the term relating to delivery then the dealer will be guilty of a breach of contract.

Whether this entitles you to terminate the agreement (and recover your deposit) depends on whether the term relating to delivery is classified as a condition (which does entitle you to terminate the contract and claim for any loss suffered) or a warranty (which does NOT entitle you to terminate the contract, but does entitle you to claim damages) .

Check the contract and see if it states that "time is of the essence" with respect to delivery. If it does then it means timely performance of the contract is a condition and you are accordingly entitled to terminate the agreement if the dealer has not performed their obligation to deliver the car to you within the specified time..

I hope this helps, feel free to check the specific clause of the agreement and revert to me with any follow-up questions.

Kind regards,


Tom

 

Thomas and other UK Law Specialists are ready to help you
Customer: replied 7 years ago.

Tom

 

Thank you for your help previously. I would like to know if you would be able to assist me in following up in this matter on a more formal basis (normal solicitor/ client relationship).

 

I would like to terminate the contract (breach of contract for non delivery?), I do not want to pay the additional £28,000 for the car, and would like if at all possible the refund of the £1000 deposit.

 

Many thanks

 

Sandra Gladwin

 

[email protected]

Thank you Sandra for your accept and kind bonus. Unfortunately Just Answer prohibits the recruitments of clients by experts.

 

You should use the following site to find a solicitor in your area (use "lCivil Litigation"), it's the sort of thing that a small to medium size firm would be able to do for you:-

 

http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

 

I wish you the best of luck.

 

Kind regards,

 

Tom