Can I cancel an Order for a Used Car?
Discussion
Hi there, I'm really stressed out and hope someone is able to provide some advice.
We went to a car dealership yesterday to test drive and view a used car. We were there with two young kids for 3 hours and, perhaps it was the fatigue and wanting to get out of there, ended up agreeing to the deal and signed an Order for the used car with a part exchange of ours. We left the car dealership in the late afternoon.
We now have cold feet. It's a HUGE amount of money and really regret it. It's not even the car I want. My partner and i have rowed about this since last night as he wanted to sleep on it but we ended up signing as salesperson was very effective on me (so I feel a double idiot for that). I've tried to call them but the salesperson has the day off today so I've emailed and asked him to ensure no action taken on the car and I will call tomorrow when he's in.
The car literally arrived into their dealership on the Friday. We viewed the next day (Sat). Nothing has been done to the car yet to prepare it. It's not due to be booked into the workshop to prepare it for release and sale to us until Tuesday. I know this for a fact. So no expenses incurred except for 3 hours of the sales person's time.
I paid a £500 deposit to hold the car on Friday so we could view it on Sat.
I've read the Order terms several times. There is no cancellation clause (nothing to say I can or cannot cancel) and no mention of any deposit (whether payable or refundable). It does state it is a legally binding contract though.
We would like to cancel the Order. Can't do it until tomorrow when the person is in as the dealership said we had to deal with the person we spoke to originally. I would like to be honest with them (unless anyone thinks this is a bad idea).
Do you think the dealership (it's a respectable and well known brand) will sue us over the balance? We've only paid the £500 holding deposit. Rest was to be paid by cash transfer.
Secondly, do you think I have any chance of getting the deposit back? There's been no expenses incurred on their side. At most, they would have lost viewings on the Sunday to any potential buyers but that would have been the case anyway had I booked my viewing on Monday (holding deposit stated to be fully refundable in that case).
Thanks in advance for any advice. Super stressed about this and feel very naive and disappointed with myself that I allowed a salesperson to sway me against my better judgment
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We went to a car dealership yesterday to test drive and view a used car. We were there with two young kids for 3 hours and, perhaps it was the fatigue and wanting to get out of there, ended up agreeing to the deal and signed an Order for the used car with a part exchange of ours. We left the car dealership in the late afternoon.
We now have cold feet. It's a HUGE amount of money and really regret it. It's not even the car I want. My partner and i have rowed about this since last night as he wanted to sleep on it but we ended up signing as salesperson was very effective on me (so I feel a double idiot for that). I've tried to call them but the salesperson has the day off today so I've emailed and asked him to ensure no action taken on the car and I will call tomorrow when he's in.
The car literally arrived into their dealership on the Friday. We viewed the next day (Sat). Nothing has been done to the car yet to prepare it. It's not due to be booked into the workshop to prepare it for release and sale to us until Tuesday. I know this for a fact. So no expenses incurred except for 3 hours of the sales person's time.
I paid a £500 deposit to hold the car on Friday so we could view it on Sat.
I've read the Order terms several times. There is no cancellation clause (nothing to say I can or cannot cancel) and no mention of any deposit (whether payable or refundable). It does state it is a legally binding contract though.
We would like to cancel the Order. Can't do it until tomorrow when the person is in as the dealership said we had to deal with the person we spoke to originally. I would like to be honest with them (unless anyone thinks this is a bad idea).
Do you think the dealership (it's a respectable and well known brand) will sue us over the balance? We've only paid the £500 holding deposit. Rest was to be paid by cash transfer.
Secondly, do you think I have any chance of getting the deposit back? There's been no expenses incurred on their side. At most, they would have lost viewings on the Sunday to any potential buyers but that would have been the case anyway had I booked my viewing on Monday (holding deposit stated to be fully refundable in that case).
Thanks in advance for any advice. Super stressed about this and feel very naive and disappointed with myself that I allowed a salesperson to sway me against my better judgment
(Always expect to lose a deposit, but in reality they should just give you it back and be done with it.
Taking young kids with you to look at cars is never a good idea (Yes I have a young daughter and I know getting someone to look after them isn't always easy) but it really doesn't ease the process at all.
Firstly, don't stress, the worst that happens is that they refuse to give your £500 back, in which case it's an expensive lesson for you. They can't (or more likely won't) force you to take a car you don't want.
Also, don't blame it on the salesman, please. It's our job to sell cars, it's what we're there for. You are always welcome to leave and 'think about it' whenever you like.
Your best course of action is to call tomorrow, apologise for the hassle, say that you have had time to calm down, reassess your situation/finances/partner doesn't want to do it/whatever and that unfortunately at this time you can't/won't be going ahead with the deal. Politely ask them for a refund of your deposit and then shut up.
I've refunded lots of deposits for 'buyers remorse' and you know what? It's fine, whatever. Salesman might be annoyed that you 'wasted' 3 hours of his time, but hey, s
t happens, we all know it will happen and you just get used to sucking it up and getting on with it.
As said, worst case is they refuse to give you your deposit. What you do from there is your choice, persue it or don't.
Taking young kids with you to look at cars is never a good idea (Yes I have a young daughter and I know getting someone to look after them isn't always easy) but it really doesn't ease the process at all.
Firstly, don't stress, the worst that happens is that they refuse to give your £500 back, in which case it's an expensive lesson for you. They can't (or more likely won't) force you to take a car you don't want.
Also, don't blame it on the salesman, please. It's our job to sell cars, it's what we're there for. You are always welcome to leave and 'think about it' whenever you like.
Your best course of action is to call tomorrow, apologise for the hassle, say that you have had time to calm down, reassess your situation/finances/partner doesn't want to do it/whatever and that unfortunately at this time you can't/won't be going ahead with the deal. Politely ask them for a refund of your deposit and then shut up.
I've refunded lots of deposits for 'buyers remorse' and you know what? It's fine, whatever. Salesman might be annoyed that you 'wasted' 3 hours of his time, but hey, s
t happens, we all know it will happen and you just get used to sucking it up and getting on with it.As said, worst case is they refuse to give you your deposit. What you do from there is your choice, persue it or don't.
Thanks for the response.
@Butterface, you are totally right. I only blame myself and do not blame the salesperson at all - sorry, if it came across that way. The person we had was really nice and lovely to deal with and was only doing his job.
Agree re the kids. It is a lesson learnt as well. Unfortunately, we don't have friends or family who can help with the kids but, if we lose the deposit, it still would have been cheaper to pay for a babysitter for the day.
Hopefully, it will be fine tomorrow.
Again, thank you both.
@Butterface, you are totally right. I only blame myself and do not blame the salesperson at all - sorry, if it came across that way. The person we had was really nice and lovely to deal with and was only doing his job.
Agree re the kids. It is a lesson learnt as well. Unfortunately, we don't have friends or family who can help with the kids but, if we lose the deposit, it still would have been cheaper to pay for a babysitter for the day.
Hopefully, it will be fine tomorrow.
Again, thank you both.
Butter Face said:
Always expect to lose a deposit, but in reality they should just give you it back and be done with it.
No you shouldn't. A deposit can mean a lot of things and if it isn't clear then should get it back. The trader doesn't have a justifiable reason to keep it in this case. If there are costs take them off the deposit and return it, but there aren't any here as the op described.Thesprucegoose said:
Butter Face said:
Always expect to lose a deposit, but in reality they should just give you it back and be done with it.
No you shouldn't. A deposit can mean a lot of things and if it isn't clear then should get it back. The trader has a justifiable reason to keep it in this case. If there are costs take them off the deposit and return it, but there aren't any here.Thanks for the response.
@Butterface, you are totally right. I only blame myself and do not blame the salesperson at all - sorry, if it came across that way. The person we had was really nice and lovely to deal with and was only doing his job.
Agree re the kids. It is a lesson learnt as well. Unfortunately, we don't have friends or family who can help with the kids but, if we lose the deposit, it still would have been cheaper to pay for a babysitter for the day.
Hopefully, it will be fine tomorrow.
Again, thank you both.
@Butterface, you are totally right. I only blame myself and do not blame the salesperson at all - sorry, if it came across that way. The person we had was really nice and lovely to deal with and was only doing his job.
Agree re the kids. It is a lesson learnt as well. Unfortunately, we don't have friends or family who can help with the kids but, if we lose the deposit, it still would have been cheaper to pay for a babysitter for the day.
Hopefully, it will be fine tomorrow.
Again, thank you both.
When you sign the order you enter a contract so cannot really rewind. But if you are still after a car have a look what else they have in the network.
Also op it is better to take finance out as you usually get a better deal as well as better consumer protection, right to cool off for one, just pay it off after a few weeks. Paying deposit with CC offers more protection as well.
Also op it is better to take finance out as you usually get a better deal as well as better consumer protection, right to cool off for one, just pay it off after a few weeks. Paying deposit with CC offers more protection as well.
Edited by Thesprucegoose on Sunday 17th June 15:59
Thesprucegoose said:
right to cool off for one. .
This does only apply to the finance. You don't get a cooling off period on the actual car. Just to clarify.Also, the OP has signed an order form, but there will a cancellation term built into the T&C's normally something along the lines of:
'CANCELLATION
Except as provided for in these Terms and Conditions, no order which has been accepted by the Seller may be cancelled by the Purchaser except with the agreement in writing of the Seller and on terms that the Purchaser's deposit shall be forfeit and further that the Purchaser shall indemnify the Seller in full against all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Seller as a result of cancellation.'
Which is pretty standard stuff, but in most cases a deposit will just be refunded, OP walks away and is off the dealers christmas card list.
Whilst obviously I hope you get your deposit back:-
I am of the opinion that what is the point of leaving a deposit on anything if you can just ask for it back?
(Unless this arrangement is agreed with the seller in advance)
It is always a good idea to leave the absolute minimum the seller will accept, in case things go tits up for whatever reason.....why leave £1000 if they will accept £200?
Good luck tomorrow.
I am of the opinion that what is the point of leaving a deposit on anything if you can just ask for it back?
(Unless this arrangement is agreed with the seller in advance)
It is always a good idea to leave the absolute minimum the seller will accept, in case things go tits up for whatever reason.....why leave £1000 if they will accept £200?
Good luck tomorrow.
"Also op it is better to take finance out as you usually get a better deal as well as better consumer protection, right to cool off for one, just pay it off after a few weeks. Paying deposit with CC offers more protection as well."
By better deal, do you mean a lower purchase price? I asked and was told there would be no difference to the deal on the table if i take out Finance as the law prohibits dealerships from doing this now. Customers can't be offered a better deal if they take out Finance therefore it makes no difference whether I go for Finance or cash. That's what I was told by the salesperson.
@Butterface, perhaps unusually, the order form is entirely silent on cancellation.
Hopefully, it will be fine tomorrow when I call and I will apologise profusely for having wasted his 3 hours.
By better deal, do you mean a lower purchase price? I asked and was told there would be no difference to the deal on the table if i take out Finance as the law prohibits dealerships from doing this now. Customers can't be offered a better deal if they take out Finance therefore it makes no difference whether I go for Finance or cash. That's what I was told by the salesperson.
@Butterface, perhaps unusually, the order form is entirely silent on cancellation.
Hopefully, it will be fine tomorrow when I call and I will apologise profusely for having wasted his 3 hours.
frijolitas said:
"Also op it is better to take finance out as you usually get a better deal as well as better consumer protection, right to cool off for one, just pay it off after a few weeks. Paying deposit with CC offers more protection as well."
By better deal, do you mean a lower purchase price? I asked and was told there would be no difference to the deal on the table if i take out Finance as the law prohibits dealerships from doing this now. Customers can't be offered a better deal if they take out Finance therefore it makes no difference whether I go for Finance or cash. That's what I was told by the salesperson.
@Butterface, perhaps unusually, the order form is entirely silent on cancellation.
Hopefully, it will be fine tomorrow when I call and I will apologise profusely for having wasted his 3 hours.
My understanding is it has been illegal to literally say "it's a grand cheaper on finance" for a while, but they're still allowed to go "we can contribute £1500 to your deposit" which is effectively a discount off the car. By better deal, do you mean a lower purchase price? I asked and was told there would be no difference to the deal on the table if i take out Finance as the law prohibits dealerships from doing this now. Customers can't be offered a better deal if they take out Finance therefore it makes no difference whether I go for Finance or cash. That's what I was told by the salesperson.
@Butterface, perhaps unusually, the order form is entirely silent on cancellation.
Hopefully, it will be fine tomorrow when I call and I will apologise profusely for having wasted his 3 hours.
I would refund.
I would be massively pissed off , but would still refund.
Salesman won't earn any commission out of the £500 deposit even if it's kept, so no point him arguing or complaining about that.
The deposit will just disappear into the tea bag fund or counterbalance previous loss making deals elsewhere.
It will be down to the company policy or the people above him, like the sales manager or director to approve the refund, not the sales guy.
If it was my decision, it's easier just to refund and move on, without having to waste another 3 hours of my life arguing the toss with someone who has cost me money rather than made me money.
It'll be OK, just be apologetic and sincere and perhaps offer to make a donation to the tea bag fund.
I would be massively pissed off , but would still refund.
Salesman won't earn any commission out of the £500 deposit even if it's kept, so no point him arguing or complaining about that.
The deposit will just disappear into the tea bag fund or counterbalance previous loss making deals elsewhere.
It will be down to the company policy or the people above him, like the sales manager or director to approve the refund, not the sales guy.
If it was my decision, it's easier just to refund and move on, without having to waste another 3 hours of my life arguing the toss with someone who has cost me money rather than made me money.
It'll be OK, just be apologetic and sincere and perhaps offer to make a donation to the tea bag fund.
These things happen and hopefully you retrieve the deposit.
Whilst not entitled to a refund, hopefully the delearship will recognise they're unlikely to change your descision and mitigate by handling well, such that you’d consider them for the future or possibly an alternative choice.
Whilst not entitled to a refund, hopefully the delearship will recognise they're unlikely to change your descision and mitigate by handling well, such that you’d consider them for the future or possibly an alternative choice.
Hi there - as an update, I spoke to the salesperson at the dealership. I was candid and honest and he was incredibly gracious and understanding. He also immediately offered to refund the holding deposit without me having to ask for it.
I have his boss' email so will be emailing to provide positive feedback about our experiences with this person. He's been so lovely to deal with throughout and he's happy for me to provide that feedback to management. He also said it would be helpful for his boss to understand that the loss of a potential sale is genuinely due to change of mind and reassessment of financial situation rather than anything that he's failed to do.
Thank you EVERYONE for the very helpful advice.
I have his boss' email so will be emailing to provide positive feedback about our experiences with this person. He's been so lovely to deal with throughout and he's happy for me to provide that feedback to management. He also said it would be helpful for his boss to understand that the loss of a potential sale is genuinely due to change of mind and reassessment of financial situation rather than anything that he's failed to do.
Thank you EVERYONE for the very helpful advice.
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