Am I entitled to a refund of a deposit from a private party used vehicle sale?
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Am I entitled to a refund of a deposit from a private party used vehicle sale?
Test drive revealed major issues, no purchase was made. No contract, and no mention of being non-refundable.
Asked on July 19, 2012 under Business Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Deposits are ordinarily nonrefundable, unless 1) it is stated that they are refundable; or 2) there was some wrongdoing by the seller. If you can show that he did not disclose material (significant) problems with the car of which he knew (or reasonably should have known--i.e. any reasonable seller in his position would have known), and/or that the actually misrepresented (such as in advertisements) the condition of the car, then you may have grounds to rescind the transaction for fraud and recover your money. You would have to sue him to do this, if he will not voluntarily return the money.
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