Cancelling new car order
Cancelling new car order
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Discussion

Robbyman

Original Poster:

24 posts

193 months

Friday 21st December 2012
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The initial message was deleted from this topic on 21 December 2012 at 22:48

Soovy

35,829 posts

301 months

Friday 21st December 2012
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Talk to the dealer, and cut a deal?


Muzzer79

13,141 posts

217 months

Friday 21st December 2012
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Soovy said:
Talk to the dealer, and cut a deal?
This.

OP - I assume from your post that you're wondering whether the new, changed and unsigned order form lets you out of the deal altogether as the car is not the same spec as the one there is a signed order for?

I'll let a legal eagle confirm legally on that, but it would be pretty underhand if you did go down that route; you ordered a car which they've delivered in good faith. If you can't afford it now, do the decent thing and work with them to find a compromise.

Ozzie Osmond

21,189 posts

276 months

Friday 21st December 2012
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How much deposit have you paid?

What's the total price of the car?

AtticusFinch

29,019 posts

213 months

Friday 21st December 2012
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Soovy said:
Talk to the dealer, and cut a deal?
This ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ Be nice when you do it. Don't bullst and don't try to find loopholes. You may be surprised at how accommodating they may be. Some places will say forfit your deposit but hold it and you can use it against another purchase once your situation improves.

Vixpy1

42,699 posts

294 months

Friday 21st December 2012
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Speak to the dealer, be honest and don't demand anything. If the car is a good spec and they can shift it then they may well return your deposit

ajh38

902 posts

180 months

Friday 21st December 2012
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Yeah, definitely do not try to squirm out of it. Just do the right thing and explain your circumstances. They will understand and probably just keep the deposit. If it's not a hard to sell car they won't mind.

It happens some times.

hornetrider

63,161 posts

235 months

Friday 21st December 2012
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Sounds like you're trying to fk the dealer over a barrel to me. Poor show.

Ari

19,826 posts

245 months

Friday 21st December 2012
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My understanding is that legally they can't keep the deposit as they're not allowed to "punish" financially.

When I worked in a car dealer (not that long ago) that was certainly the case and we would have returned the deposit (wouldn't have been chuffed, but we'd have done it because of the legal obligation).

This did happen in the time I was there.

OP talk to the dealer, explain your circs and see what they say, but don't assume your deposit is gone and do ask for it back.

Ari

19,826 posts

245 months

Friday 21st December 2012
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hornetrider said:
Sounds like you're trying to fk the dealer over a barrel to me. Poor show.
What a stupid ignorant comment. For all you know the guys wife might be dying and only expensive private treatment can save her.

What is it with people on PH these days? It like their only outlet in life is to sit in their bedroom sniping at strangers to try and make them feel better about their own lives...

OdramaSwimLaden

1,971 posts

199 months

Friday 21st December 2012
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It would be very difficult to salvage your deposit as the dealership will hold you fully responsible (they will find "associated costs" in relation to selling the car etc etc...)

Your argument, and the decision, will be with faceless beancounters who will not be sympathetic to your situation. It doesn't help the fact that it is probably nearing their year end and target more than likely have not been met.

Sorry to hear about your plight and I hope it works out OK; I'll be happy to be proven wrong.

Edited by OdramaSwimLaden on Friday 21st December 16:58

hornetrider

63,161 posts

235 months

Friday 21st December 2012
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Ari said:
What a stupid ignorant comment. For all you know the guys wife might be dying and only expensive private treatment can save her.

What is it with people on PH these days? It like their only outlet in life is to sit in their bedroom sniping at strangers to try and make them feel better about their own lives...
I'm in my drawing room.

The OP is asking if he can get out of losing his deposit on a technicality. A technicality of his own making.

Ergo I stand by my throwaway comment.

HTP99

25,293 posts

170 months

Friday 21st December 2012
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Ari said:
hornetrider said:
Sounds like you're trying to fk the dealer over a barrel to me. Poor show.
What a stupid ignorant comment. For all you know the guys wife might be dying and only expensive private treatment can save her.

What is it with people on PH these days? It like their only outlet in life is to sit in their bedroom sniping at strangers to try and make them feel better about their own lives...
I agree with hornetrider, it does sound as though he may try and wriggle out of it on a technicality with the order.

You need to calm down a bit Ari.

Anyway there will be associated costs with selling the car on now, advertising for one, these costs can be taken out of the deposit and as already mentioned it may be a car that the dealer has been banking on having registered this year, that is now all up the spout, if so there will be an issue with registration bonus payments.

Dealer was an idiot though not getting a revised order signed as that may well be a get out, he may have an e-mail trail though.

Edited by HTP99 on Friday 21st December 17:05


Edited by HTP99 on Friday 21st December 17:06


Edited by HTP99 on Friday 21st December 17:10

Graham

16,381 posts

314 months

Friday 21st December 2012
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Ari said:
My understanding is that legally they can't keep the deposit as they're not allowed to "punish" financially.
its not a financial punishment though is it...


you enter into a deal to pay x for a car. you make an initial payment of y to commit to buying the car the dealer orders and pays for the car, you then say i dont want to buy it now..

the dealer is stuck with car and now have to spend time and money to shift it, it could be bright orange with lime green seats that they will never shift...

you've entered a contract and should be happy with the prospect of only possibly loosing the deposit, and not being sued for the whole amount.


isnt that the point with a deposit that you have put the deposit forward as your guarantee to buy..


you try pulling out of a house purchase once you've paid the deposit. guess what your going to loose the deposit.

I have sympathy for anyone who's circumstances change but dont try and shaft the seller your the one pulling out.

as others have said talk to the dealer dependant on what you've ordered they may well be sympathetic and cut a deal. I suspect trying to screw then an just pull out and their stance will harden.

best of luck

Buster73

5,622 posts

183 months

Friday 21st December 2012
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HTP99 said:
I agree with hornetrider, it does sound as though he may try and wriggle out of it on a technicality with the order.
Exactly , buy the car then sell at a loss or lose your deposit , either way he keeps his integrity.

surveyor

18,695 posts

214 months

Friday 21st December 2012
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Buster73 said:
HTP99 said:
I agree with hornetrider, it does sound as though he may try and wriggle out of it on a technicality with the order.
Exactly , buy the car then sell at a loss or lose your deposit , either way he keeps his integrity.
If he still has the means to buy the car. OP's change of circumstances may preclude that.

crazy about cars

4,454 posts

199 months

Friday 21st December 2012
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Cancelled orders are common to main dealers. In most cases you will lose our deposit though. Best read the T&Cs in the order form you've signed.

Marcellus

7,204 posts

249 months

Friday 21st December 2012
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Whether the OP signed an amended contract or not there is a contract there.

Another one for speaking to the dealer but doubt he'll his deposit again.

Buster73

5,622 posts

183 months

Friday 21st December 2012
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surveyor said:
If he still has the means to buy the car. OP's change of circumstances may preclude that.
He has the means , he's just changed his mind.

veevee

1,458 posts

181 months

Friday 21st December 2012
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Buster73 said:
surveyor said:
If he still has the means to buy the car. OP's change of circumstances may preclude that.
He has the means , he's just changed his mind.
OP:

Robbyman said:
personal circumstances have changed quite dramatically.