Laws for Used Car Deposit Refundsby Tom Lutzenberger
The law with regard to used vehicle purchases and related deposits varies from state to state and does not fall under any specific federal law nationwide. That said, just about every reference on the issue of used vehicle deposits primarily falls into the jurisdiction of contractual law. This means that depending on the terms that a seller and buyer come to agreement under with a sales contract, the final contract dictates the treatment of deposits, not an arbitrary state or federal statute. Deposits are commonly used for gauging a buyer’s seriousness in a purchase, so the ramifications can be significant in terms of loss and no seller’s obligation to return deposit funds.
Basic contract law and terms of sale in most states require a written contract for transactions involving values of exchange exceeding $400. The written sales contract and any terms included provide the main basis of the first area a court looks at with regard to enforcing any kind of deposit return. Most courts, absent a specific statute on the topic, will limit decisions to just the contract document and no other outside elements or concerns unless intentional fraud occurs. In the case of fraud, both the deposit and punitive damages can be recovered if intentional fraud can be proven. This type of case can be challenging since it usually requires documentation and sometimes witnesses to prove the case, particularly the intent to harm a potential buyer. Buyers or potential buyers providing a deposit have a right to request a written copy of deposit rules and warnings before having to pay a deposit. If none are provided, the buyer has full discretion to walk away without obligation or having to make any payment.
Contracts that include the terms “nonrefundable deposit” gain added protections from subsequent demands for a deposit return if the buyer doesn’t want to follow through on the sale. While it is helpful to provide a buyer added notice that the term exists before processing the deposit, it is not required unless the contract is in a different language or so unclear with legal terms an average person wouldn’t understand it.
Deposits Nonbinding for the Final Sale
A deposit does not bind a buyer to closing a car deal for a full purchase. Instead, the deposit serves as a bit of recovery for the seller if the buyer is not serious about purchasing. In lieu of a protracted chase of a buyer, the seller gets the deposit as a compensation for the wasted time and taking the vehicle temporarily off the market.
Since 2009 Tom Lutzenberger has written for various websites, covering topics ranging from finance to automotive history. Lutzenberger works in public finance and policy and consults on a variety of analytical services. His education includes a Bachelor of Arts in English and political science from Saint Mary's College and a Master of Business Administration in finance and marketing from California State University, Sacramento.