urgent - dealer trying to back out of a sale?
Discussion
Hi!
Yesterday i traveled to a dealership to view a new car... agreed a price and signed the dotted line, as did he... and i paid the deposit and said id collect my car on saturday after he'd changed all 4 tyres, brakes and mot'd the car.
The dealer told me "if theres any work that needs doing to meet our standards it will be done before saturday"
He rang me today complaining of an expensive to repair oil leak so has said he will send my deposit back, and the car will be sent to an auction house... can he do that?
The car was VERY good value for money.. so id rather he honours his promise and fixes it....its not a small chain company...so... where can i go from here?
Any advice is welcome!
Yesterday i traveled to a dealership to view a new car... agreed a price and signed the dotted line, as did he... and i paid the deposit and said id collect my car on saturday after he'd changed all 4 tyres, brakes and mot'd the car.
The dealer told me "if theres any work that needs doing to meet our standards it will be done before saturday"
He rang me today complaining of an expensive to repair oil leak so has said he will send my deposit back, and the car will be sent to an auction house... can he do that?
The car was VERY good value for money.. so id rather he honours his promise and fixes it....its not a small chain company...so... where can i go from here?
Any advice is welcome!
Have you read through all the T&C's to see what they've declared their rights will be in regards to honouring the deal?
Just ask yourself, if you got home and for some unforeseen reasons you needed to back out despite signing the agreement, you would want to. Thus, I think you need to take it on the cheek, and find another car.
Just ask yourself, if you got home and for some unforeseen reasons you needed to back out despite signing the agreement, you would want to. Thus, I think you need to take it on the cheek, and find another car.
Yeah ive read all the t+c's and it just goes on about if i pull out id loose my deposit but nothing about them pulling out...
It also sais in unforeseen circumstances i can choose to wait or take my deposit back... the deal was that good id be happy to wait...
Theres nothing about a get out for them...
It also sais in unforeseen circumstances i can choose to wait or take my deposit back... the deal was that good id be happy to wait...
Theres nothing about a get out for them...
Snollygoster said:
Just ask yourself, if you got home and for some unforeseen reasons you needed to back out despite signing the agreement, you would want to.
... And the OP would lose their lose their deposit in the process. Maybe the dealer should pay the OP's deposit back and then pay it back a second time to put the OP in the position that the dealer would have found themselves in had the buyer had pulled out. Fair's fair.of course they can get out of it
they are doing the right thing here instead of patching it up or ignoring it and waiting for it to max out your warranty claim and leave you out of pocket, they are being honest and losing out on the sale because of it, there really is no pleasing some people
If you really want the car, buy it at auction
they are doing the right thing here instead of patching it up or ignoring it and waiting for it to max out your warranty claim and leave you out of pocket, they are being honest and losing out on the sale because of it, there really is no pleasing some people
If you really want the car, buy it at auction
Did they sound genuine on the phone, or do you think they had a better offer perhaps? Or they priced it cheap knowing it had a leak and now have had second thoughts about selling it?
The replies "of course they can back out" are clearly wrong, a contract is a contract, but actually enforcing it in any meaningful way will be tricky.
I'd at least be pushing for a goodwill payment to cover your wasted fuel/time.
The replies "of course they can back out" are clearly wrong, a contract is a contract, but actually enforcing it in any meaningful way will be tricky.
I'd at least be pushing for a goodwill payment to cover your wasted fuel/time.
Legally speaking, you and the dealer entered into a contract the terms of which will have been laid-out within - you may peruse those and - indeed - check they comply with consumer law if you wish.
Consider, however, the wisdom of demanding someone sell you a thing they don't want to sell you for whatever reason - consider whether they would rectify any faults, honor any issues thereafter, not push a screw into one of the tyres before delivery etc.
Some fights are not worth starting even if you know you should win them - move along quietly
or - even better - they kinda owe-you-one, go and see if you can haggle yourself into something else at a good price?
Consider, however, the wisdom of demanding someone sell you a thing they don't want to sell you for whatever reason - consider whether they would rectify any faults, honor any issues thereafter, not push a screw into one of the tyres before delivery etc.
Some fights are not worth starting even if you know you should win them - move along quietly
or - even better - they kinda owe-you-one, go and see if you can haggle yourself into something else at a good price?
Gareth79 said:
Did they sound genuine on the phone, or do you think they had a better offer perhaps? Or they priced it cheap knowing it had a leak and now have had second thoughts about selling it?
The replies "of course they can back out" are clearly wrong, a contract is a contract, but actually enforcing it in any meaningful way will be tricky.
I'd at least be pushing for a goodwill payment to cover your wasted fuel/time.
What wasted fuel and time?The replies "of course they can back out" are clearly wrong, a contract is a contract, but actually enforcing it in any meaningful way will be tricky.
I'd at least be pushing for a goodwill payment to cover your wasted fuel/time.
unless he has been visiting the dealer for some reason after he put down the deposit then there is none
Once the dealer returns his deposit he is in the same position he would be in had he have viewed the car, said i don't want it it's got an oil leak
The dealer is in breach of contract.
If it costs you more to secure a similar car you could sue the dealer for the difference to what you would have paid them. In reality, nobody does though as life is to short.
As for the contract 'no deposit refund'. That's in almost every dealer contract but falls foul of the unfair terms legislation and the dealer would not be able to rely on the clause if you sued them for your money back. They would only be able to retain their losses by your breach of contract.
If it costs you more to secure a similar car you could sue the dealer for the difference to what you would have paid them. In reality, nobody does though as life is to short.
As for the contract 'no deposit refund'. That's in almost every dealer contract but falls foul of the unfair terms legislation and the dealer would not be able to rely on the clause if you sued them for your money back. They would only be able to retain their losses by your breach of contract.
No, the dealer is in breach of contract.
These threads piss me off. Usually the first 50 replies are from morons or dealers (or both) - "no mate, he has done you a favour, what you complaining about".
It is a breach of contract. Because the car is (presumably) not unique, you can't demand it is sold to you, but technically you can claim damages.
Now,whether or not anyone would ever do this is a different question as I imagine it is not worth the hassle in any way.
But the bottom line is that not performing a valid contract is a breach, whether by the buyer or seller.
These threads piss me off. Usually the first 50 replies are from morons or dealers (or both) - "no mate, he has done you a favour, what you complaining about".
It is a breach of contract. Because the car is (presumably) not unique, you can't demand it is sold to you, but technically you can claim damages.
Now,whether or not anyone would ever do this is a different question as I imagine it is not worth the hassle in any way.
But the bottom line is that not performing a valid contract is a breach, whether by the buyer or seller.
405dogvan said:
Legally speaking, you and the dealer entered into a contract the terms of which will have been laid-out within - you may peruse those and - indeed - check they comply with consumer law if you wish.
Consider, however, the wisdom of demanding someone sell you a thing they don't want to sell you for whatever reason - consider whether they would rectify any faults, honor any issues thereafter, not push a screw into one of the tyres before delivery etc.
Some fights are not worth starting even if you know you should win them - move along quietly
or - even better - they kinda owe-you-one, go and see if you can haggle yourself into something else at a good price?
I'd go with this tbh. Consider, however, the wisdom of demanding someone sell you a thing they don't want to sell you for whatever reason - consider whether they would rectify any faults, honor any issues thereafter, not push a screw into one of the tyres before delivery etc.
Some fights are not worth starting even if you know you should win them - move along quietly
or - even better - they kinda owe-you-one, go and see if you can haggle yourself into something else at a good price?
Yes, you may be able to force the dealer into selling you what may well be a complete mutt (the oil leak may not be the whole story). Yes you can possibly sue for breach of contract (subject to terms and conditions) but what have you actually lost? Nothing really.
They do "owe you one" so be nice and see if there's anything else they can find you. They're likely to deal on something if they've mucked you about but you were nice about it.
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