I am an 18-year-old student and was recently interested in buying a second hand car. I went to see the car and the owner informed me that the car’s engine is 1.8 diesel. I told him that I needed to check with my insurance because due to my age I wasn’t sure if I could drive a car with a powerful engine. In the meantime, my father gave him a €40 deposit.

I checked with two insurances and both confirmed that I cannot drive such a car. We informed the owner that we cannot continue with the purchase and asked him to give us back the deposit. The seller is refusing.

Q: Am I entitled to claim the deposit back?

Since the second hand car was going to be purchased from an individual and not from a professional seller, the legal provisions of the Consumer Affairs Act do not apply to such transactions. Hence, the Office for Consumer Affairs cannot assist you in this matter.

Even if such transaction was made with a professional seller, it was your responsibility as a consumer to check with the insurance before and not after paying the deposit. Prior to making a sales commitment consumers have to do their homework properly. They cannot simply change their mind without incurring financial losses.