QUOTE(imadeyoureadthis1 @ Mar 27 2021, 05:53 PM)
TS, I asked my lawyer friend. He advised as follows in respect of the deposit.
Did you sign anything in writing? If yes, that could be a preliminary contract. Then you look into the terms of the contract governing the refund of deposit.
If you don't sign anything, and paid the money to company account. Did you receive the official receipt? If yes then check whether there is fine print of TnC on deposit refund on the back of the receipt.
If there is official receipt but no TnC check their official website of the company agent whether in their terms of service (ToS) the company stipulates terms with regards to refund of deposit for contracts entered by their authorised agents.
Official receipt here means receipt issued under the agent's company name not agent's own name. If it is agent's name, good luck la you can never get back your deposit.
If you indeed have the official receipt but tried your best to look for the terms for deposit refund but found none. Then you charge to their higher ups (rank of managers above) to ask for deposit as other ktards have advised. Going for front line they only tai chi you back to the salesman. If manager refuses to refund, ask why, ask where in the Black and White says that your company can eat my deposit.
If you have official receipt with TnC stated with regards to refund of deposit. Go to manager and ask for refund pointing out that your company have agreed to refund in the event that sale did not go through.
The law governing refund of deposit:
Deposit can be forfeited because it is just a security for the performance of the contract. (Rationale: the seller could have sold the car to other persons if not for your change of mind and wasting his time. Therefore, putting in a deposit shows buyer's seriousness in the deal.)
Unless you can prove black and white (yes written contract) that it constitute part payment of the purchase price of the car then the deposit can be refunded. Because it is no longer called "deposit" in layman terms but part payment.
Oral contract is admissible in court but have fun proving that it exists. Court won't entertain salesman promises.
It is buyer who is stupid enough to entertain their promises.
The law respects freedom of contract but does not protect gullible contractors. The law is not to babysit you.
If either company or agent without lawful reasons eat your deposit. You can commence civil action via small claim procedure without the need of a lawyer. But have fun wasting time and money if your deposit is miniscule.
Small claims tribunal court can already.Did you sign anything in writing? If yes, that could be a preliminary contract. Then you look into the terms of the contract governing the refund of deposit.
If you don't sign anything, and paid the money to company account. Did you receive the official receipt? If yes then check whether there is fine print of TnC on deposit refund on the back of the receipt.
If there is official receipt but no TnC check their official website of the company agent whether in their terms of service (ToS) the company stipulates terms with regards to refund of deposit for contracts entered by their authorised agents.
Official receipt here means receipt issued under the agent's company name not agent's own name. If it is agent's name, good luck la you can never get back your deposit.
If you indeed have the official receipt but tried your best to look for the terms for deposit refund but found none. Then you charge to their higher ups (rank of managers above) to ask for deposit as other ktards have advised. Going for front line they only tai chi you back to the salesman. If manager refuses to refund, ask why, ask where in the Black and White says that your company can eat my deposit.
If you have official receipt with TnC stated with regards to refund of deposit. Go to manager and ask for refund pointing out that your company have agreed to refund in the event that sale did not go through.
The law governing refund of deposit:
Deposit can be forfeited because it is just a security for the performance of the contract. (Rationale: the seller could have sold the car to other persons if not for your change of mind and wasting his time. Therefore, putting in a deposit shows buyer's seriousness in the deal.)
Unless you can prove black and white (yes written contract) that it constitute part payment of the purchase price of the car then the deposit can be refunded. Because it is no longer called "deposit" in layman terms but part payment.
Oral contract is admissible in court but have fun proving that it exists. Court won't entertain salesman promises.
It is buyer who is stupid enough to entertain their promises.
The law respects freedom of contract but does not protect gullible contractors. The law is not to babysit you.
If either company or agent without lawful reasons eat your deposit. You can commence civil action via small claim procedure without the need of a lawyer. But have fun wasting time and money if your deposit is miniscule.
Mar 27 2021, 06:04 PM

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