Getting back deposit
I am a Dutch tourist in Sydney. Yesterday evening I bought a car at Travellers Autobarn. I signed the contract after closing time at 18:15 and i paid a deposit of 1000 dollar. That evening I realized that I made a big mistake by buying this car, I simply don't have the money for it. (I know this sound very stupid. They were putting me under a lot of pressure. Also I didn't know yet that my father couldn't lend me money anymore.) So I went back to the store this morning before opening time at 08:30. They told me that I can cancel my buy, but that the deposit is non refundable (like how it's written down in the contract).
What are my rights now? Can the ACL help me to get back the deposit?
You may have rights under common law or another statute to recover your deposit. You may also have rights under the Australian Consumer Law. However, at this time without a fuller idea of the circumstances of your purchase, I cannot advise you of the best way forward.
What can I do?
1. draft a statement of exactly what happened on the day that you purchased the vehicle;
2. keep a copy or get a copy of the contract that you signed;
3. make a note of anything that any of the salesmen said to you when you purchased the vehicle; and
4. keep a copy of any advertising material that the seller gave to you.
With the above information, you can go to a lawyer (or seek a lawyer here on Lawadvisor) and a lawyer will have a pretty good idea of which remedy to seek for you. It may even be able to be solved if the lawyer you consult can draft a letter for you to give to the seller setting out your rights. No one likes to get a letter from a lawyer!
Disclaimer: This advice is general and is not intended to be
relied upon as advice for your specific situation and circumstances. In
order to provide an advice taking into account the entirety of your
unique circumstances, I would strongly recommend that you seek further
professional legal advice.
Suggested way forward
Consult a solicitor or a barrister with the information you have gathered as set out above. Feel free to do it on Lawadvisor!
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