Legal advice: placing a deposit on a bike

Published: 11 September 2009

When you place a deposit to secure a bike that needs to be ordered months ahead and negotiate added incentives like an alarm, a dealer cannot pull out of the deal because the bike has gained in popularity.

Your contract was for the bike with an alarm fitted, not one without it. It is irrelevant that the bike has gained in popularity negating the need for added incentives. The dealer is in breach of the contract to supply the bike with an alarm and you have two options.

Firstly you could demand your deposit be returned and walk away from it and buy something else without the hassle of litigation.

Or you could take the bike as it is under protest reserving your right to claim from them for the cost of having a similar alarm fitted to the bike. Then go away and get an alarm fitted and if they don’t pay up commence proceedings for the cost and fitting of the alarm.

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