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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

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    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

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    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.
     
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  3. DennisD

    DennisD Well-Known Member

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    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
     
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