Get deposit back from dealership? Used car

So I'm in Sydney and I'm in the process of buying a car from Melbourne.
Signed the contract and paid a deposit to them to hold the car - organised mechanic inspection at my expense but no one was there to give the mechanic access to the car (all pre-arranged but I suspect the dealer probably forgot, also I guess the dealer was not there physically because of covid, but agreed on date and time so they should've been there)

Now I'm already out of pocket for the inspection (and no inspection was done) and the dealer is pushing me to not do an inspection. To me it smells a bit fishy so I'm thinking of pulling out.

What are my rights in terms of getting the deposit back? The contract signed has subject to finance and subject to inspection. Dealership is in VIC. Also did not receive a receipt from them for the deposit, is this normal?

Comments

  • +3

    Should have received receipt.

    If contract says subject to inspection; you could argue that inspection was not done because of them.

    or can you get finance rejected for that car which also gives you an out.

  • +5

    Definitely fishy, don't be forced into anything.

  • +13

    I absolutely would not let them pressure you into buying it without an inspection, under any conditions. They may use the deposit that you have have already paid to put further pressure on you.

    I'd make the case to them - the inspection has not been done, they were not available, therefore it's terminated and you want your deposit back. My guess is that they will give it back to you as its not worth the hassle, complaints on social media etc.

  • +6

    The contract should show the deposit amount paid deducted from the final cost.
    If there is absolutely no trace of the deposit being mentioned, then dodgy is the very thing I would think.

    It sounds like an inspection was attempted and due to the dealer wasn't completed, therefore the contract was not complete.
    I would tell them to refund the deposit and failure to do so will lead to lodging to VCAT.
    If that fails, blast all over social media.
    Also, depending on how the deposit was paid, can you initiate a chargeback?

  • +2

    Definitely should have a receipt, of course it's not normal to have no receipt. Was it a cash deposit? What are you going to do if they say you never paid a deposit?

    Anyway, sounds like they decided to not follow through with allowing the arranged inspection so haven't met their obligations on the contract (the finance and inspections clauses were on the contract right?) so you can get your deposit back on those grounds however I think you're in for a struggle.

    If you really want to go ahead with it have them reimburse you in cash for the missed inspection and arrange another one. Do not purchase without an inspection as it's going to be hard to follow up any issues with them once you have the car interstate.

  • +1

    Subject to inspection which you paid for, but they did not allow, get your money back, definitely fishy, trust your gut instinct.

  • +1

    In before spackbace about purchasing cars interstate πŸ˜ƒ

  • +3

    So I'm in Sydney and I'm in the process of buying a car from Melbourne.

    Why?

    Just why?

    Again why?

    What's wrong? Sydney cars not good enough.

    • I agree..
      But talkin to a mate in Shitney he says theres much better selection of makes/models and deals in Vic on same for same cars. Cant see it myself.

      • I dunno about selection but you can get better prices in Melb for some reason. Too many rich (profanity) in Syd imo.

        • which is why I left… 2.6mill for a knockdown fishermans shack says it all….

          • @pharkurnell: Go to western sydney man. Why do you wanna live with a bunch of stuck up douchebags in the inner-west, east, north and south parts of sydney.

            • -1

              @Orico: Theres nothing that could make me live in Shitney again… did for 40yrs…. I've now seen the light.

              • -1

                @pharkurnell: I agree. Melb has the better CBD and food. People are also more fake so they're generally nicer. Melb also has a lot less of a particular type of ethnic group that I won't mention so I don't fear for my life while driving in Melb.

                • +1

                  @Orico: Melbourne CBD has two way streets. 'Nuf said.

                  • -3

                    @MS Paint: Best part of Shitney is seeing it in the rear view mirror as you blast down the Hume….

                • @Orico: Just don't head to Berwick/Endevour Hills n you'll be fine

                  • @pharkurnell:

                    Endevour Hills

                    I don't mind that place. It's more the north that I don't like.

            • +1

              @Orico: To avoid judgemental (profanity) like you.

              If the west is so great, then why at the first sign of sunshine do you all migrate to the east, trash it, and then leave?

              • -1

                @Flight88:

                If the west is so great, then why at the first sign of sunshine do you all migrate to the east, trash it, and then leave?

                To give the racist white people in the east something to clean up for once. it's not your beach. You have no ownership over crown land.

                Stop migrating to the west with your mining and construction vehicles, destroying rainforest, profiting off of the land clearing and development then leaving.

  • +6

    but I suspect the dealer probably forgot, also I guess the dealer was not there physically because of covid

    I suspect the dealer didn't want the car to be inspected.

    • What are you talking about mate? Used car salesmen are universally known all around the world for being the most honest people every to have ever existed!

      Jesus Christ himself is jealous of their honesty.

      • +1

        Jesus was a tradie (carpenter). You can't tell me he never over-quoted a job and asked for tribute penny only.

      • -2

        I wonder who is more honest- Used car salesmen or Jesus' mother Mary?

        Immaculate car vs immaculate conception?

        Neither, both (profanity)

        • Immaculate contraption vs. immaculate conception

          • @MS Paint: Can't say I've heard of Immaculate contraption before I googled it.

            I did enjoy The Big Steal.

  • +2

    dealer is pushing me to not do an inspection

    🚩

  • Wouldn't be Autohaus Prestige in South Melbourne by any chance

  • So you tried to get a better deal by buying interstate and now it’s gone south?

  • Amazing what risks people take to save a dollar.

    This is all fine, and I know a couple of friends who have done this, but it was all done face to face, in person, not under these conditions. If I can't be there and do it all under my supervision, I would never do it this way.

  • Have nothing to contribute, but be prepared to lose your deposit.

  • Must be a pretty rare car to source it so far away.

    • +1

      Toyota Camry….

  • There is a cooling off period for used cars in Vic - unless you signed a waiver