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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.