F11 550i Purchase gone sideways - Advice Needed

[AndyH97]

Hi All,

You may remember me (and the car) from the recent SPOTTED article regarding the red BMW 550i Touring. Well, it was me that bought the car and i collected it today, but not without issue.

When i went to view the car 2 weeks ago i spoke with the young salesman and made it very clear that i was going to be financing the car through my bank, he tried to get some numbers from the dealers finance provider but couldn't get close, so i left a deposit and went on my way. On collecting the car today i paid the rest of the cash portion of the sale, then asked for the dealers bank details to get my bank to send the rest of the funds over. Upon returning from the managers office, i was told there was an additional £250 admin fee for providing my own finance.

i refused to pay this and requested my deposit back only to be told they wouldn't return my money as i had signed a contract, which the young salesman who took my initial deposit very kindly ticked the 'Cash Sale' box. (i know i should've paid more attention) essentially extorting me into paying the extra.

They also agreed to repair a dent in the rear quarter, which has been done to a very poor standard (I can't figure out how to attach pictures if someone can help me out)

Again i was told this wasn't reason enough to reject the vehicle and i would lose my £2500 deposit.

I'd just like to know if anyone has been in a similar situation and what my legal options are.

some other things that might help my case:

1. The aircon doesn't work. (stored code for insufficient pressure)
2. The car hasn't even been washed even though i was told it would go through 'presale prep' before collection.
3. The car is missing floormats, even though the advert states it has it's original BMW velour ones.

[dxg]

It will all hinge on whether or not your contract mentions this £250 fee.

[BenS94]

This is a shame to read, but no surprise with how another PHer described the car and the dealership when they went to view.

I'd just accept to lose the £2,500 as it's less than you'd lose selling the car - then go to a small claims court to try to get it back. It's gonna be a big big headache if you stick with it.

[swisstoni]

I know the hard way that deposits are not trivial things, and constitute a contract.

I now would never leave a deposit. If a car gets sold before I buy it, that’s life.

[Ifinishposts]

When I bought my car the dealer actually refused to take a deposit?

Too much hassle he said, just come down when you can.

[Quattr04.]

How did you pay the deposit? Credit card would offer some protection?

[ChocolateFrog]

Never leave deposits.

[Saudade]

Jeez, this dealer sounds horrendous. I was keen on the car when posted in the barge thread and that was quickly reversed given the PHers description after viewing. Shame it's my kinda car.

Anyway a £2500 deposit? Isn't that like 20% of the cars value? A contract for buying a car?? £250 admin fee for buying with cash/own fp? None of this sounds normal to me. A receipt and order form or similar, sure, a contract?

Can you post a copy of the contract? Anything about a refund in it? If so then even if you paid by debit card your bank will reverse the charge for you as long as you can prove you have made a few attempts to get a refund from them.

Edited by Saudade on Saturday 22 February 23:32

[2 GKC]

swisstoni said:

I know the hard way that deposits are not trivial things, and constitute a contract.

I now would never leave a deposit. If a car gets sold before I buy it, that’s life.

Helpful post. A deposit does not constitute a contract.

[Mikebentley]

That sounds very shoddy. Get the contract read. Did you buy at distance? Is it covered by the rules regarding buying before viewing….hope that makes sense as 3/4 down a bottle of red.

[swisstoni]

2 GKC said:

swisstoni said:

I know the hard way that deposits are not trivial things, and constitute a contract.

I now would never leave a deposit. If a car gets sold before I buy it, that’s life.

Helpful post. A deposit does not constitute a contract.

Not the legal advice I was given at the time.
By leaving a deposit you are signalling your intention to buy.
Unless it is agreed to be a ‘holding deposit’.

[_Neal_]

2 GKC said:

swisstoni said:

I know the hard way that deposits are not trivial things, and constitute a contract.

I now would never leave a deposit. If a car gets sold before I buy it, that’s life.

Helpful post. A deposit does not constitute a contract.

Agreed. Deposit does not equal contract.

However, and I get that it leaves a bad taste in the mouth, but is the car a decent deal notwithstanding the £250, and the 3 issues you've highlighted (two of which are non-mechanical)?

ETA - to be clear, are the dealer now refusing to sell you the car because you won't pay the £250 admin fee? Seems like there's two issues here - did you ever agree to the £250, and is the car as described.

Edited by _Neal_ on Saturday 22 February 22:42

Edited by _Neal_ on Saturday 22 February 22:44

[RUI488]

The dealer can not keep the deposit.
They’ll piss and moan and make all sorts of ludicrous claims but they can’t legally keep it.

Always pay deposits by credit card.

I wouldn’t be surprised if PH pulls the thread as they don’t want *any* sort of controversy or drama.
They’d rather other good people get their pants pulled down by unscrupulous sellers than have some minerals and let scum bags be outed as such.

[Robertb]

I know a local dealer to me says reasonably clearly in their TnC of each ad that there will be a £300 admin fee if customers own finance provider is used.

I can’t see the original ad for your car now to check.

Sorry things haven’t worked out, looked a nice car, hope you can get it sorted to your satisfaction.

[Sir Bagalot]

Me? It would stick in my throat too

I would either pay it or get them to sort the finance, then pay if off two days later

AndyH97 said:

1. The aircon doesn't work. (stored code for insufficient pressure)
2. The car hasn't even been washed even though i was told it would go through 'presale prep' before collection.
3. The car is missing floormats, even though the advert states it has it's original BMW velour ones.

Then I'd get them to sort points 1 & 3. I get them to sort (3) once paid for but before you drive the car off

[Cupramax]

And they wonder why used car dealers have a bad rep. what a bunch of see you next Tuesdays. I nearly spat my coffee out at the £250 “not using our finance” fee. What an utter bunch of ****’s.

[Dashnine]

Take the dealers finance, pay it off immediately and replace with the finance you already have?

[Gad-Westy]

Dashnine said:

Take the dealers finance, pay it off immediately and replace with the finance you already have?

I think I’d be starting to wonder if I want the car at all from this dealer. If this is their approach to pre-sales can you imagine their attitude to any issues under the warranty period?

[edthefed]

Had a shocking experience there when they had the Mazda franchise

Walked away and never looked back

Would not trust them as far as i could throw them as the saying goes

[vaud]

Robertb said:

I know a local dealer to me says reasonably clearly in their TnC of each ad that there will be a £300 admin fee if customers own finance provider is used.

Its the same sharp practice as the finance companies are now on the hook for, for failing to disclose commissions paid to dealers when using their finance.