Ask an expert


bellevic23

Hi last week me and my Chinese friend went to a Chinese seller to see a car posted in a Chinese website. Since I do not know anything about chinese, my friend helped me see the car. When I went to the seller house, I test drive the car and liked it. So, I told the seller that I am going to buy the car. However, I told her that Ill buy the car if it will pass the WOF. She agreed to get a new WOF for the car. We also agreed that if the car did not passed the WOF she will return my $200 deposit back. Since, she does not speak good english, she asked me to write a receipt. In the receipt, I wrote that I deposited $200 and I still have a $2200 balance. AFter, I went home and talked to my dad about the car I bought but he did not approved of it so the same day in the afternoon, I said to the lady that I changed my mind and I won't be buying the car anymore. I asked her if I can get the deposit back. She refused to give it back so I just told her that I am fine even half of the deposit back but she still refused. I just want to know if this is legal even if she did not told me that once I deposited the money, I wont get the deposit back. I hope you can give me a legal advise on this. thank you!

Anon

Hi there,
By paying a deposit, and stating that the car must pass a wof. You have entered into a contract and terms that you agree to buy the car under.
Now, you are backing out of this contract for a different reason, not previously discussed
with the seller.
So no the seller does not have to give the deposit back. Terms of refund needed to be discussed prior, currently the only way out would be if the car failed a wof.

bellevic23

Thank you for the advise!