help with a bad seller
Discussion
Agree - without a written 'contract' you won't get anywhere.
If I pay a deposit and am going to wait a while before pickup, I try and hold something of value in the meantime - keys/service history, etc.
Are you saying he has sold it to someone else, or is using this as a ploy to get you to pay more?
Either way, I'd walk away.
Are you sure this isn't one of those scams where the 'seller' is 'working offshore, and just taking several deposits with no intention of selling anything?
If I pay a deposit and am going to wait a while before pickup, I try and hold something of value in the meantime - keys/service history, etc.
Are you saying he has sold it to someone else, or is using this as a ploy to get you to pay more?
Either way, I'd walk away.
Are you sure this isn't one of those scams where the 'seller' is 'working offshore, and just taking several deposits with no intention of selling anything?
Post on SP&L and someone like Breadvan will answer for formally. There was a case like this a while back with a dealer who was selling it on SOR for someone, agreed a deal, owner tried to back out, all got messy.
You don't need a piece of paper but an email with the agreed price and evidence of deposit is all you need. Without any hard evidence on agreed price its hard to prove anything other than a deposit was paid (ie "nah mate, the 35k we agreed was the balance left to pay not the total inc the deposit"). A verbal contract is valid but hard to prove the detail.
But you can't force the issue to buy that specific car in court unless the specific car is highly unique. You can claim the difference to buy a comparable car on the open market as their breach has cost you the difference. If the price wasn't particularly low and it is possible to buy a similar car elsewhere (you may need to be flexible on colour) for the same price then you have not lost out so can't really claim a fat lot for breach.
That's the law as I understand it, not that I'm an expert
You don't need a piece of paper but an email with the agreed price and evidence of deposit is all you need. Without any hard evidence on agreed price its hard to prove anything other than a deposit was paid (ie "nah mate, the 35k we agreed was the balance left to pay not the total inc the deposit"). A verbal contract is valid but hard to prove the detail.
But you can't force the issue to buy that specific car in court unless the specific car is highly unique. You can claim the difference to buy a comparable car on the open market as their breach has cost you the difference. If the price wasn't particularly low and it is possible to buy a similar car elsewhere (you may need to be flexible on colour) for the same price then you have not lost out so can't really claim a fat lot for breach.
That's the law as I understand it, not that I'm an expert
From a legal perspective, assuming you can prove you paid the deposit to retain the car for purchase at a later date then the owner is clearly in breach of contract.
Your options are (i) force through the originally agreed sale or, (ii) demand a return the deposit with interest and claim damages for any losses incurred (which you would have to prove).
In reality though, you would face considerable costs and a great deal of time to bring any of these resolutions about through a very lengthy legal process. I would suggest that this is simply unwarranted based upon a £500 deposit. Such action is also not guaranteed to be successful as it could be argued by the other side that a £500 deposit an a £33,000 Aston Martin was not sufficient enough consideration to show 'intention'. The whole thing could go around in circles.
My advice would be to get your £500 back pronto and walk away from this situation. The owner is obviously not someone to be trusted and would you really want to buy such a car from this type of person?
Your options are (i) force through the originally agreed sale or, (ii) demand a return the deposit with interest and claim damages for any losses incurred (which you would have to prove).
In reality though, you would face considerable costs and a great deal of time to bring any of these resolutions about through a very lengthy legal process. I would suggest that this is simply unwarranted based upon a £500 deposit. Such action is also not guaranteed to be successful as it could be argued by the other side that a £500 deposit an a £33,000 Aston Martin was not sufficient enough consideration to show 'intention'. The whole thing could go around in circles.
My advice would be to get your £500 back pronto and walk away from this situation. The owner is obviously not someone to be trusted and would you really want to buy such a car from this type of person?
To be clear here bunnyburnett, are you actually saying that the seller is refusing to refund your deposit, or just that he's now selling the car to someone else ?
If it's that he's happy to give your deposit back and that's it, I'd take the money quickly and be thankful you've not ended up in a big dispute over it.
There are a reasonable amount of V8V's around for the sort of money you're looking at, so unless it was something really special then I wouldn't worry.
That said, you're probably at a slight disadvantage now as the sun is gradually starting to appear and prices will seasonally start to firm.
Still, don't be disheartened, you will find the right car.
If it's that he's happy to give your deposit back and that's it, I'd take the money quickly and be thankful you've not ended up in a big dispute over it.
There are a reasonable amount of V8V's around for the sort of money you're looking at, so unless it was something really special then I wouldn't worry.
That said, you're probably at a slight disadvantage now as the sun is gradually starting to appear and prices will seasonally start to firm.
Still, don't be disheartened, you will find the right car.
ok...normal procedure in the car dealing market....
car advertized --> potential buyer pays deposit with expected pick-up in the future --> the longer the time between deposit to pick-up, the higher the risk somebody else will offer more.
now you have paid deposit...the seller returns you the deposit and sells the car for the higher price to somebody else.
legally this is not correct...but what happens if you sue him by court?
you have no contract, besides the banc-statement or whatever from a deposit.
the deposti could be for anything.
even if the court would believe you....the car is already in new ownership....court claims will take time and you need a good lawyer...also you need to consider that if the court decides for the seller you have to pay for all this!!
is it worth the hazzle?
car advertized --> potential buyer pays deposit with expected pick-up in the future --> the longer the time between deposit to pick-up, the higher the risk somebody else will offer more.
now you have paid deposit...the seller returns you the deposit and sells the car for the higher price to somebody else.
legally this is not correct...but what happens if you sue him by court?
you have no contract, besides the banc-statement or whatever from a deposit.
the deposti could be for anything.
even if the court would believe you....the car is already in new ownership....court claims will take time and you need a good lawyer...also you need to consider that if the court decides for the seller you have to pay for all this!!
is it worth the hazzle?
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