Need help what can I do ?!

On January 7, 2009 we (Woman and I) were at the dealer about 15.30 to look at a car, because it was already dark we talked to the dealers that we pay a deposit until January 8, 2009 that we can look at the car during the day as long as it is bright and close a test drive. We paid the deposit, and in the same way that we did not take the car that we got our deposit back he answered with yes because it also says not t on the deposit slip that’s clear. Then we left. The next day we were also there for the agreed time punt My wife and I looked at the car after which we discovered several serious flaws we said in that we did not take the car because it is too unsafe. So he said yes is no problem but the money from the deposit they do not get back. I say what do I get my money from the deposit not back that was agreed yesterday. E r said I don’t care I said this way but we don’t have an oral contract that will be given back the deposit if I don’t buy it! So now my question! And that’s right that he won’t give me the money back?! What can I do to get my money back?! Have nothing signed that I buy the car or the like only have the deposit confirmation Thanks in advance for your help ach maybe that’s still important should Austrian legal system be ! in Germany will surely be different ( also better ) I think