Do they have to restore the signal if we do not buy the car?

Do they have to restore the signal if we do not buy the car?

It is not the first time that writing MOTORWAY we get inquiries on this subject, should return the delivered should take back the purchase of a vehicle sign?. Whether it's a new or used car, the result will depend on what we signed the contract.

So legally there are two types of "signals": confirmatory arras Y earnest money. The former are the most common. The contract or receipt provided to us indicates that the amount is given as a sign "paid on account" or as "payment or part of the agreed price". You can see it in the contract a similar sentence "the amount of ... on account delivered as price signal". In some contracts a period from which it is understood that the customer withdraws from acquisition and that this waiver to purchase the buyer assumes demand compensation for costs incurred is set. In these cases, the buyer has right to enforce the contract or withdraw from it and sell it to another buyer. In this case we will return signal but we deducted the expenses incurred. But things change if, for example, the contract contains a date for delivery of the vehicle (that dealers often leave open) and this does not arrive in this period. In this case one can argue a breach of contract.

The other option of earnest money, is less common, and in this case, if the seller is who ultimately can not deliver the vehicle you must return the folded signal in accordance with Article 1454 of the Penal Code. It must be clearly stated in the contract so that the signal has this character, if not, is understood to be a signal to account price, the first case. If the buyer rescinds lose that signal delivered.