[Dark Mini]

What is the crack with BMW returning your deposit. Do they or do they not have to return your deposit??

[Martin L]

They'll return your deposit if they can cancel your build still. Once it's past the point of no return you'll lose it.

It may vary from dealer to dealer, but the policy appears to be fair

[Shamster]

depends on how far they want to take it. Technically you will have agreed to take delivery of a car that you have ordered by way of leaving a deposit. Although unlikely, if you were to cancel this order they could not only retain your deposit but also sting you for the balance on the car.

As I said - this would be highly unlikely to happen as most dealers will return your deposit as long as they have enough time to find another buyer. Remember - all the dealers are independent businesses so their terms are bound to vary.

[Dark Mini]

But we have had nothing in writing or have signed anything stating a build date or a delivery date we where just told over the phone.

[Kinster]

When I ordered a Cooper S last year they said the deposit was refundable. They said it would be easy to sell ordered Cooper S no problem.

Never heard of anything about being stung on the balance of the car. They only have your deposit and nothing else. I would just tell them to k*ss my *ss

[Shamster]

Quote:

Originally posted by Dark Mini
But we have had nothing in writing or have signed anything stating a build date or a delivery date we where just told over the phone.

in which case you should be ok. I'm not a lawyer but I'm sure it would need to be in writing. If they took the deposit over the phone and you weren't made aware of the consequences of cancelling your deposit it shouldn't be a problem - you should be able to get your money back pretty easily.

Are you having having trouble getting it back?

[Dark Mini]

No problems yet as we only cancelled this morning. We have sent a letter by post and e-mailed a copy to them.
I can't see there being a problem but youm never know.

I will keep you posted

[PMM]

Quote:

Originally posted by shamster
depends on how far they want to take it. Technically you will have agreed to take delivery of a car that you have ordered by way of leaving a deposit. Although unlikely, if you were to cancel this order they could not only retain your deposit but also sting you for the balance on the car.

As I said - this would be highly unlikely to happen as most dealers will return your deposit as long as they have enough time to find another buyer. Remember - all the dealers are independent businesses so their terms are bound to vary.

For a breach of contract, the dealer could only seek damages for the loss it incurred.

This would be the difference between what you agreed to pay and what the dealer sold the ordered car for, plus any interest for the delay in the sale. Given the demand for MINIs, I doubt that there would be any problem with them selling on the ordered car quickly for the full price.

In no circumstances therefore could the dealers loss be the full cost of the car.

If the dealer is able to cancel the order, prior to delivery without penalty, they have suffered no loss.

However, in the real world the dealer would probably try and rely on their terms and conditions which quite possibly fall foul of the legislation, and you would need to get a solicitor to point out the error of their ways.