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Discussion Starter · #1 ·
The question has been asked before about whether or not a deposit is refundable if the delivery date comes and goes.
Here is an example from a reply I got from the Honest John website asking just that question;

"CASE LAW


Johnson v HWM Ltd 17-3-1997 Kingston County Court

Allows an indefinite delivery date for a new car and also change of specification

of the car in between dealer order and manufacturer delivering the car
to the dealer because both are out of control of the dealer. If a
contract has been entered into between dealer and customer with a
substantial deposit, then that contact remains binding and, unless
specified in the original contract, an indefinite delivery date or
change of specification are not breaches of contract. "

Now from this I gleam that a delivery date should be written into the contract before any refund may be given. Otherwise the dealer does not have to refund the deposit. I would think though that any dealer that wants to keep a good relationship with prospective buyers would refund without question.
Read from the above what you may...
 

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Discussion Starter · #3 ·
That is very true FeeFee. If it is as usual then it will be more in our favour and there should be no problem with getting the deposit back as it would mean that the dealer/seller has not been able to uphold their end of the bargain and therefore not entitled to keep money for goods they have not been able to supply.
 
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