Australia's #1 for Law

Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!

No Contract Signed - Am I Entitled to a Refund?

Discussion in 'Australian Consumer Law Forum' started by Floatbuyer, 7 August 2014.

  1. Floatbuyer

    Floatbuyer Member

    7 August 2014
    Likes Received:
    Question in regards to paying a deposit for a float. They have taken a $2000 deposit, but I am unable to now go through with sale due to personal reasons, and have asked for a deposit refund. Their reply was that he thinks he can keep the deposit with no sale going ahead. All that was ever sent was a tax invoice with amounts of deposit and remainder of payment, no contract has been signed and I had verbally asked for one and said he just sends out invoice. Am I entitled to a refund?
  2. Tim W

    Tim W Lawyer
    LawTap Verified Lawyer

    28 April 2014
    Likes Received:
    It's not a refund situation.
    Refunds are one of the options in a consumer transaction
    when the product is in some respect deficient.
    That's not what's happening here.

    What you are doing is trying to get out of a contract you have entered into.
    I'd be thinking that the issuing of a Tax Invoice suggests that there was a deal done,
    even if nothing was written down.

    You may find it helpful to contact the Fair Trading/ Consumer Affairs department
    in your state and see what they say.
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  3. DennisD

    DennisD Well-Known Member

    11 July 2014
    Likes Received:
    I agree with Tim W's comments

    A legally binding contract can be made in writing or verbally, though with verbal contracts it can be difficult to show what exactly was agreed if a dispute arises. The fact you transferred $2K in accordance with the tax invoice suggests there was an agreement in place even absent a written contract

    Simply because a transaction no longer suits a consumer (for example due to a change in personal circumstances, finding a cheaper alternative, simply changing their mind, or whatever) does not entitle a consumer to a refund (or repair or replacement). In order to trigger consumer protections, there needs to be a problem with the actual good or service, rather than simply "personal reasons" on the part of the consumer
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...

Share This Page