BMW Approved Used Car - breach of contract?

[Fateggs]

Put a deposit down on used 5 series at BMW dealership at the weekend. Mutual agreement, I signed, they signed.
I've now taken a call saying they want to refund the deposit and cancel - apparently, following the approved used checks, all 4 wheels are buckled, and they need to do some minor bodywork too, but clearly feel they have undersold it given that total cost.

As far as I am concerned, we have signed at the price agreed, they take the risk and I take the risk. They are not in a position to renege.

Any precedent? Anyone have experience in this?

Thanks.

[rallycross]

Find another car.

[anonymous-user]

what does your paper say?

[Fateggs]

The contract says, subject to the terms and conditions*, I am committed to pay and they will sell the vehicle for the the Purchase Price on the contract. Both parties sign under that.

• The only clause in the T&Cs I can see they can potentially use is if they increase the Purchase Price or fail to deliver.

Clause 14 states:
"If we cancel the Agreement pursuant to Clause 9, or if you cancel the Agreement pursuant to Clause 5 or 11, we will refund your deposit and, provided the cancellation was due to circumstances beyond our reasonable control, we shall have no further liability to you."
(reasonable control?)

Clause 5 states:
"If [BMW] or the importer or other supplier of the Goods changes the recommended price after you have ordered them but before delivery, we will notify you of any revision we propose to make to the Purchase Price. If we propose an increase in the Purchase Price, or a decrease which is less than a decrease in recommended price, you may give notice within 14 days cancelling this Agreement, in which case clause 14 shall apply."
(it's a used car, but I suppose they could change the 'recommended price' - they haven't done this though)

Clause 9 states:
"We may give you notice cancelling the Agreement at any time before delivery if the Manufacturer ceases to make the model or specification of goods, or if we are unable to obtain them from the importer or other supplier, and clause 14 shall apply."
(I don't believe they can claim this)

Clause 11:
"If we fail to deliver the goods within 42 days of the estimated delivery date, you may give us notice requiring delivery. If we fail to deliver within 14 days of receipt of such notice, you may give us notice cancelling the Agreement and clause 14 will apply."
(I suppose they could just fail to deliver - but then I don't see how they could argue it was 'beyond our reasonable control')

[Toed64]

It's highly unusual for a BMW dealership to cancel a sale. It's just speculation, but the car might be more significantly damaged than they are admitting to, or happy to sell on...it is odd that all 4 wheels are buckled: it might have been off-roading.

Find another one - there are lots of cars out there that don't have, and probably never have had, 4 buckled wheels.

[AlwynMike]

Wheels must be bad if
A: they have noticed them
B: they are going to do something about replacing them

Run away.

[Mexman]

But there is nothing stopping you cocking on the deal and crying on here about demanding your deposit back?
Customers cancel deals all the time, I have had 5 this month for various (mostly), bullst excuses as to why they can't proceed with the purchase despite wasting hours of my life I will never get back.
It's easier just to refund the deposit and get rid.
If there is a genuine problem with the car, they obviously are not happy to put there trust or reputation behind it.
Fair play to them, just be pleased you have avoided a lemon

[anonymous-user]

I’d bet they’ll punt it on at auction, four new wheels plus fitting and some bodywork is going to nuke their profit margin.

I’d just move on and find another one.

[Alucidnation]

Not sure i would want a car that has got all four wheels buckled.

And minor body repairs.

But then, surely you noticed the condition of the car when you went to see it?

[pb8g09]

Mexman said:

If there is a genuine problem with the car, they obviously are not happy to put there trust or reputation behind it.
Fair play to them, just be pleased you have avoided a lemon

+1 This

I'd be grateful they had the integrity to point it out and not cause you to have to argue to and fro with them when you realised the same issue down the line.

I'd even try and use the same dealership if you can as they obviously care about their rep!

[anonymous-user]

Or they are bullstting and sold it to someone else. Just look for another.

[anonymous-user]

I'm also in the camp that says you are better to take the money and run away from this particular car

Maybe even put it to the dealer that you are grateful to them for pointing out that the car is a duffer and asking if they have a similar one that they think you would consider

[S9JTO]

I'd avoid personally - Unless you've got the feeling you're snatching a bargain and they've realised that I'd try and fight it, but in all honesty the fight won't amount to much. If they don't want to sell it to you, they won't.

[ALawson]

Can you post a link to the car? Just so we can avoid it.

[Sheepshanks]

Fateggs said:

Put a deposit down on used 5 series .....

....all 4 wheels are buckled,

Maybe it's a sign to look for a car with wheels able to cope with UK roads.

[Sheepshanks]

Toed64 said:

It's highly unusual for a BMW dealership to cancel a sale.

Happened to a collegue on a new 5 Series Touring he was buying from stock. He got a pretty amazing 'end of quarter' deal and he needed a car ASAP as his aging SUV was about to croak. Dealer was supposed to call him within a day or two with the reg number but went on radio silence for a few days. When he eventually got hold of someone they said the car had been already sold so they'd return his deposit.

Our corporate legal guy said just gently remind them that a contract is in place and that it's expected to be honoured. The dealer said they'd order him a car to the same spec for the agreed price, and they'd throw another £1K in. They also agreed to honour the price for his SUV. There was a bit of hassle about the APR as the deal was done at a very low rate which wasn't available after the quarter end but they sorted that out too.

Edited by Sheepshanks on Thursday 27th September 12:27

[Dimebars]

Fateggs said:

Put a deposit down on used 5 series at BMW dealership at the weekend. Mutual agreement, I signed, they signed.
I've now taken a call saying they want to refund the deposit and cancel - apparently, following the approved used checks, all 4 wheels are buckled, and they need to do some minor bodywork too, but clearly feel they have undersold it given that total cost.

As far as I am concerned, we have signed at the price agreed, they take the risk and I take the risk. They are not in a position to renege.

Any precedent? Anyone have experience in this?

Thanks.

They can't supply you with what you've agreed to buy which was an approved used BMW 5 series.

The car in question doesn't meet the standards for approved used due to the work required so they're cancelling

Find another car. There are thousands of 5 series out there. Why would you want a car that you know has been repaired? Unless, of course, this particular car is £10k too cheap and you're fully aware of this

[RSTurboPaul]

OP - did you test drive the car?

[anonymous-user]

The alternative to the scenario I went with in my previous post - that they had done you a favour

They have sold the car to someone else for more money

I don't know how you easily find out which...

If you could show that they have sold that car to someone else after taking your deposit, you have a case to force them to make good on the deal

[andymc]

FFS just move on mate, like mexman i have had people cancel this month with all manner of crap excuses and they still expect their deposit back