Withholding my deposit

[Col Lamb]

Here in the UK a deposit is fully refundable up to the Specification being Locked Down.

Once this happens you are in legal contract to buy the car once it is available.

Failure to complete the purchase is a Breach of Contract and the OPC actions they take can vary.

As you had them fit custom parts IMO they have every right to withhold returning your deposit.

IMO you should have secured finance before you Locked Down the specification hence the blame is 100% yours.

[On-Track]

My understanding is that the deposit is fully refundable until you lock down your order and spec, about a month before the build. Based on what you posted, I am assuming the car loan was not with Porsche and it was a loan you were negotiating privately. In that case, surely you finalised your order, Porsche built and shipped your car accordingly, and you then failed to pay for the car. I would think they are entitled to keep your deposit and any refund would be at their discretion. If they incurred additional costs to sell the car it seems perfectly fair for the dealer to take that out of your deposit. It wouldn’t be unfair, even, for them to keep the deposit to cover the inconvenience and time for having to sell a car that they did not choose to have in stock.

But of course the legal answer lies in the terms of the documents you signed when you paid the deposit and when you finalised your order, which may have been online forms.

You are right for a UK order. On the other hand I very much doubt if UK users of this forum have any idea of the conditions (if any) behind acceptance of a deposit in the USA. The OP shouid follow the advice to check on a forum with mainly US members.

[Skyway]

Love the way in the US the deposit is $2500 yet us suckers in the UK have to pay £3000

In Australia the expectation is 10%. More if the spec is outside the norm.

Blimey, is that across all manufacturers or just Porsche?

[rydercowan]

In my experience, whether or not the preliminary deposit is refundable on demand prior to lockdown may depend on the OPC. When I ordered from an Inchcape OPC in 2016 the deposit was clearly refundable on demand prior to lockdown. The standard terms and conditions when ordering this year from a Sytner OPC made the preliminary deposit refundable only on a 'no fault' basis, so not simply on demand. How strictly that would be enforced I don't know.

[Bluesnose1812]

In my experience, whether or not the preliminary deposit is refundable on demand prior to lockdown may depend on the OPC. When I ordered from an Inchcape OPC in 2016 the deposit was clearly refundable on demand prior to lockdown. The standard terms and conditions when ordering this year from a Sytner OPC made the preliminary deposit refundable only on a 'no fault' basis, so not simply on demand. How strictly that would be enforced I don't know.

My understanding of "No Fault" is that it means either party can withdraw from a contract when a fault has NOT been committed by either party. It precludes the other party from suing. So if after 6 months the OPC refunds your deposit unilaterally you have no recourse, and vice versa.

[Col Lamb]

In my experience, whether or not the preliminary deposit is refundable on demand prior to lockdown may depend on the OPC. When I ordered from an Inchcape OPC in 2016 the deposit was clearly refundable on demand prior to lockdown.

The standard terms and conditions when ordering this year from a Sytner OPC made the preliminary deposit refundable only on a 'no fault' basis, so not simply on demand. How strictly that would be enforced I don't know.

That is precisely why anyone buying through the Snotner Group gets what they deserve.

They have been the cause of a few whinges over the years, cannot fathom why anyone buys from them.

Not that I would buy anything from Inchcape either, they took over the Jag dealership where I used to have mine serviced, they went from pretty good to there is no way I’d buy a pedal car from Inchcape.

I went into their local JLR dealership to look at an iPace when they came out, about ten potential customer's were milling around and zero sales brats attending to any of us.

Whinge over.

[rydercowan]

In my experience, whether or not the preliminary deposit is refundable on demand prior to lockdown may depend on the OPC. When I ordered from an Inchcape OPC in 2016 the deposit was clearly refundable on demand prior to lockdown. The standard terms and conditions when ordering this year from a Sytner OPC made the preliminary deposit refundable only on a 'no fault' basis, so not simply on demand. How strictly that would be enforced I don't know.

My understanding of "No Fault" is that it means either party can withdraw from a contract when a fault has NOT been committed by either party. It precludes the other party from suing. So if after 6 months the OPC refunds your deposit unilaterally you have no recourse, and vice versa.

I think the meaning of 'no fault' in this case is different. Here's the standard wording -
DEPOSIT ARRANGEMENTS
5.1 The deposit is set out the New Vehicle Order Form and is payable to us no later than the Effective Date.
5.2 Subject to clause 5.3 deductions, the deposit paid is refundable to you only in those circumstances where the Agreement is terminated in reliance on the occurrence of an event or conduct for which you have no responsibility or to which you have made no contribution, that is, a "no fault" termination on your part. In all other cases the deposit is not refundable.

[rydercowan]

In my experience, whether or not the preliminary deposit is refundable on demand prior to lockdown may depend on the OPC. When I ordered from an Inchcape OPC in 2016 the deposit was clearly refundable on demand prior to lockdown.

The standard terms and conditions when ordering this year from a Sytner OPC made the preliminary deposit refundable only on a 'no fault' basis, so not simply on demand. How strictly that would be enforced I don't know.

That is precisely why anyone buying through the Snotner Group gets what they deserve.

They have been the cause of a few whinges over the years, cannot fathom why anyone buys from them.

Not that I would buy anything from Inchcape either, they took over the Jag dealership where I used to have mine serviced, they went from pretty good to there is no way I’d buy a pedal car from Inchcape.

I went into their local JLR dealership to look at an iPace when they came out, about ten potential customer's were milling around and zero sales brats attending to any of us.

Whinge over.

My experience of Inchcape (Bournemouth OPC) was excellent in every way, sales and service. Experience of service at Sytner (Edinburgh OPC) has also been excellent. Sales process still in train for projected March delivery, so too soon fully to judge.