Dealer took deposit sold car to someone else -what can I do?
Discussion
I saw a car on Autotrader, went to (non franchised) dealers, test drove car and put a deposit down, and said I will be back tomorrow to arrange a bank transfer and to collect the car, subject to him putting two new tyres on front. Phone dealer next day and he tells me that when he went to take the car for tyres, that it had suddenly stopped. He said that ‘his mechanic’ thinks the timing belt snapped, and that I can have my deposit back, I didn’t believe him and said to hold onto deposit and I will wait for the ‘official verdict’ at main dealers.
Since then I have been given the vague verbals/runaround. Spoke to them again today and they tell me that still think it’s the belt and management said to refund deposit, blah blah…
I have subsequently checked with DVLA and discovered that after my deposit was taken the car was issued with a new owner V5; so it seems pretty obvious that they have sold it to someone else.
It’s a rare spec of an un-rare ‘ordinary’ car and I can’t find another anywhere. Even the main dealers said they’re super rare.
So, can anyone clarify my legal position on this matter because I am very angry and do not want to necessarily let this go.
Any help/directional advice would be appreciated.
Since then I have been given the vague verbals/runaround. Spoke to them again today and they tell me that still think it’s the belt and management said to refund deposit, blah blah…
I have subsequently checked with DVLA and discovered that after my deposit was taken the car was issued with a new owner V5; so it seems pretty obvious that they have sold it to someone else.
It’s a rare spec of an un-rare ‘ordinary’ car and I can’t find another anywhere. Even the main dealers said they’re super rare.
So, can anyone clarify my legal position on this matter because I am very angry and do not want to necessarily let this go.
Any help/directional advice would be appreciated.
Police State said:
I saw a car on Autotrader, went to (non franchised) dealers, test drove car and put a deposit down, and said I will be back tomorrow to arrange a bank transfer and to collect the car, subject to him putting two new tyres on front. Phone dealer next day and he tells me that when he went to take the car for tyres, that it had suddenly stopped. He said that ‘his mechanic’ thinks the timing belt snapped, and that I can have my deposit back, I didn’t believe him and said to hold onto deposit and I will wait for the ‘official verdict’ at main dealers.
Since then I have been given the vague verbals/runaround. Spoke to them again today and they tell me that still think it’s the belt and management said to refund deposit, blah blah…
I have subsequently checked with DVLA and discovered that after my deposit was taken the car was issued with a new owner V5; so it seems pretty obvious that they have sold it to someone else.
It’s a rare spec of an un-rare ‘ordinary’ car and I can’t find another anywhere. Even the main dealers said they’re super rare.
So, can anyone clarify my legal position on this matter because I am very angry and do not want to necessarily let this go.
Any help/directional advice would be appreciated.
Take your money back, move on and forget about it. You can do nothing.Since then I have been given the vague verbals/runaround. Spoke to them again today and they tell me that still think it’s the belt and management said to refund deposit, blah blah…
I have subsequently checked with DVLA and discovered that after my deposit was taken the car was issued with a new owner V5; so it seems pretty obvious that they have sold it to someone else.
It’s a rare spec of an un-rare ‘ordinary’ car and I can’t find another anywhere. Even the main dealers said they’re super rare.
So, can anyone clarify my legal position on this matter because I am very angry and do not want to necessarily let this go.
Any help/directional advice would be appreciated.
Edited by Jurassic pork on Thursday 16th January 00:04
stevensdrs said:
You could sue for loss of bargain if you have deep pockets and a will to take risks. Might be better just to take your deposit back and move on.
There was thread on this a little while ago about someone being sued for loss of bargain. With tedious inevitability the PH howler monkeys came out in force decrying and belittling the plaintiff but it turned out that the loss of bargain thing is perfectly legit and designed to protect or at least compensate someone who's been pissed about by an unscrupulous dealer/seller. It may not fit this particular scenario of course as we don't have the full details but the OP may have a perfectly legitimate, and indeed legal, position.Osinjak said:
stevensdrs said:
You could sue for loss of bargain if you have deep pockets and a will to take risks. Might be better just to take your deposit back and move on.
There was thread on this a little while ago about someone being sued for loss of bargain. With tedious inevitability the PH howler monkeys came out in force decrying and belittling the plaintiff but it turned out that the loss of bargain thing is perfectly legit and designed to protect or at least compensate someone who's been pissed about by an unscrupulous dealer/seller. It may not fit this particular scenario of course as we don't have the full details but the OP may have a perfectly legitimate, and indeed legal, position.Did you get anything in writing or sign anything relating to leaving the deposit? (IANAL so this might not be material since they accepted the money)
As said above “loss of bargain” is a thing. The case they’re referring to, I believe, is one where a guy buying a limited Porsche left a deposit and was made promises by a dealer, who then sold their only allocated car to someone else (a “better” customer). He sued them for “loss of bargain” and won. The sums of money involved in that case were in the several tens of thousands though, and limited Porsches have an easily proven rep for going for significant overs, so he really did suffer a provable loss.
Since you’ve said this is a rare spec of the car I think there are parallels.
I think you could reasonably take them to small claims court, with the caveat being that it will cost you money (claim fee, hearing fee), time and energy, and you would need to quantify your loss in some way - e.g. cost to buy that/similar spec car elsewhere.
Really depends on your stomach for all of that for what basically is a small amount of money in claim terms.
As said above “loss of bargain” is a thing. The case they’re referring to, I believe, is one where a guy buying a limited Porsche left a deposit and was made promises by a dealer, who then sold their only allocated car to someone else (a “better” customer). He sued them for “loss of bargain” and won. The sums of money involved in that case were in the several tens of thousands though, and limited Porsches have an easily proven rep for going for significant overs, so he really did suffer a provable loss.
Since you’ve said this is a rare spec of the car I think there are parallels.
I think you could reasonably take them to small claims court, with the caveat being that it will cost you money (claim fee, hearing fee), time and energy, and you would need to quantify your loss in some way - e.g. cost to buy that/similar spec car elsewhere.
Really depends on your stomach for all of that for what basically is a small amount of money in claim terms.
Durzel said:
Did you get anything in writing or sign anything relating to leaving the deposit? (IANAL so this might not be material since they accepted the money)
As said above “loss of bargain” is a thing. The case they’re referring to, I believe, is one where a guy buying a limited Porsche left a deposit and was made promises by a dealer, who then sold their only allocated car to someone else (a “better” customer). He sued them for “loss of bargain” and won. The sums of money involved in that case were in the several tens of thousands though, and limited Porsches have an easily proven rep for going for significant overs, so he really did suffer a provable loss.
Since you’ve said this is a rare spec of the car I think there are parallels.
I think you could reasonably take them to small claims court, with the caveat being that it will cost you money (claim fee, hearing fee), time and energy, and you would need to quantify your loss in some way - e.g. cost to buy that/similar spec car elsewhere.
Really depends on your stomach for all of that for what basically is a small amount of money in claim terms.
I think you are missing the principle here.As said above “loss of bargain” is a thing. The case they’re referring to, I believe, is one where a guy buying a limited Porsche left a deposit and was made promises by a dealer, who then sold their only allocated car to someone else (a “better” customer). He sued them for “loss of bargain” and won. The sums of money involved in that case were in the several tens of thousands though, and limited Porsches have an easily proven rep for going for significant overs, so he really did suffer a provable loss.
Since you’ve said this is a rare spec of the car I think there are parallels.
I think you could reasonably take them to small claims court, with the caveat being that it will cost you money (claim fee, hearing fee), time and energy, and you would need to quantify your loss in some way - e.g. cost to buy that/similar spec car elsewhere.
Really depends on your stomach for all of that for what basically is a small amount of money in claim terms.
Just because a care is rare does not mean the purchaser could likely sell it on for more than they paid. The OP states it's a mass produced car just not often in that specification. It might have purple seats for all we know.
Police State said:
Jurassic pork said:
How long ago did you leave the deposit?
This week. He sold the car a few days later.However rather than being upfront about it, some crappy story was concocted in a misguided attempt to hide perceived incompetence.
That's my take anyway.
Just get your money back and move on OP.
Police State said:
Jurassic pork said:
How long ago did you leave the deposit?
This week. He sold the car a few days later.
, and imagine if you had bought the car the problems you would have if something went wrong with it and you had to deal with him again, only this time he isn't "trying" to sell you a car so has no incentive (if he had any before). As you say, a proper dealer wouldn't blanch at putting some new tyres on...Maybe the Dealer has had "sellers" remorse..... 
of course he will have never experienced buyers remorse with lies/excuses,lost job,family death,wife's pregnant all with in 24 hours of placing a deposit with a demand of a full refund......
and when its refused this fourm goes wild...... this looks like the table has turned....
of course he will have never experienced buyers remorse with lies/excuses,lost job,family death,wife's pregnant all with in 24 hours of placing a deposit with a demand of a full refund...... and when its refused this fourm goes wild...... this looks like the table has turned....Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff