Paid deposit subject to test drive, dealer withdraws
Paid deposit subject to test drive, dealer withdraws
Author
Discussion

Anastie

Original Poster:

232 posts

187 months

Thursday 10th September 2020
quotequote all
My sons not having a lot of luck with cars. His latest came about when we viewed a car at the main dealer. We were told it had just come in and needed some cosmetic work then an inspection to go through their "171 point check". We were told we could pay a deposit and when the car has gone through the workshop we can test drive and if happy buy if not deposit refunded and walk away.

I paid a deposit and got a call to say the car failed their 171 point check and needed £1500 worth of work. At this point, I believed him. However, he said it needed 4 new tyres and a host of other work. I had inspected the tread on the tyres and they looked new. I now don't believe him. He stated there is nothIng i can do as cars now going to auction.

My question is as I paid a deposit doesnt the dealer have to honour the sale?

Pericoloso

44,044 posts

192 months

Thursday 10th September 2020
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Take back deposito , go somewhere else to buy car.

Muzzer79

13,016 posts

216 months

Thursday 10th September 2020
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Anastie said:
My sons not having a lot of luck with cars. His latest came about when we viewed a car at the main dealer. We were told it had just come in and needed some cosmetic work then an inspection to go through their "171 point check". We were told we could pay a deposit and when the car has gone through the workshop we can test drive and if happy buy if not deposit refunded and walk away.

I paid a deposit and got a call to say the car failed their 171 point check and needed £1500 worth of work. At this point, I believed him. However, he said it needed 4 new tyres and a host of other work. I had inspected the tread on the tyres and they looked new. I now don't believe him. He stated there is nothIng i can do as cars now going to auction.

My question is as I paid a deposit doesnt the dealer have to honour the sale?
The sale was on condition of completing their 171 point check. It failed.

You may or may not believe that, but you'll have a hard job disproving it.

He's giving you your money back, you have no loss, just find another one?

Why do you want to force the sale anyway? You don't put cars through the auction that you can sell to normal punters in the showroom for good profit. You put cars through the auction that you want rid of because they have issues you don't want to come back and bite you.

Consider it a lucky escape.

Bemmer

1,195 posts

231 months

Thursday 10th September 2020
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Or less of course they've sold it to someone else for a better deal.? With a nice retail PX.. or 5 year finance which they then get £££'s in commission..? I suppose you will never no,but have you checked if it's been taxed.?

2 sMoKiN bArReLs

31,985 posts

264 months

Thursday 10th September 2020
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Get the deposit back & move on. Nothing to be gained by sleuthing or trying to prove them wrong.

Anastie

Original Poster:

232 posts

187 months

Thursday 10th September 2020
quotequote all
Thanks for the comments. I was intrigued if a dealer can withdraw a car from sale after a deposit was paid. In my naive opinion, I thought they should do the work as it was sold to my son. Clearly not.

Learn something everyday.


2 sMoKiN bArReLs

31,985 posts

264 months

Thursday 10th September 2020
quotequote all
Anastie said:
Thanks for the comments. I was intrigued if a dealer can withdraw a car from sale after a deposit was paid. In my naive opinion, I thought they should do the work as it was sold to my son. Clearly not.

Learn something everyday.
Dealer will write the terms, assuming papers were signed. Any T&C will have a get out of jail clause.



samoht

7,201 posts

175 months

Thursday 10th September 2020
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If you now believe that the dealer is lying to you, then IMHO you definitely don't want to go through with the sale, even if you had a legal right to insist on it.

MitchT

17,114 posts

238 months

Thursday 10th September 2020
quotequote all
In a fair and just world both parties would have to leave a deposit and if one pulled out the other would get their deposit back and the other's deposit. If the customer can lose their deposit in the event of pulling out then the dealer should be on the same hook.

Chris32345

2,141 posts

91 months

Thursday 10th September 2020
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Looks in a week or two see if the car gets taxed or moted

If nothing withn 2 -3 weeks probably has been sold to trade

MarkJS

2,143 posts

176 months

Friday 11th September 2020
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I can’t believe the dealer always seems to be thought of as the villain. The car probably came into them as a PX with nothing much more than a cursory glance and then a quick clean to go up for sale (fast and low initial cost, so no ramp time for the 171 point check so far - what’s the point?). Car is then advertised under company 171 point check program to give customer confidence in their stock both from a financial & safety point of view. Punter pays deposit with intent to buy. Dealer subjects car to 171 point check & PDI etc and finds a can of worms with (for example) some poorly repaired minor accident damage - in addition (for example) to worn inner shoulders on the 2 front tyres, a bulge on the inside tyre wall of one of the rears and a screw in the other. It’s then maybe not financially viable to sell their car to you at the agreed price with a warranty etc etc and more viable to dispose of the car through the auction sold as seen etc etc and cut their losses.

They are a business, they have margins, money doesn’t grow on trees and they actually might not want a customer to end up with a lemon which could compromise their safety and the dealer reputation. All deposits are taken & car sold subject to the car passing the 171 point check & yours did not.

Breathe a sigh of relief and move on. Also, try to believe that the dealer might have had everybody’s interest at heart.

Anastie

Original Poster:

232 posts

187 months

Friday 11th September 2020
quotequote all
Markjs you make a fair and valid point. I always thought a car would go through these checks before been put on the forecourt.
We have moved on! Viewing another car today from a different dealer.


MarkJS

2,143 posts

176 months

Friday 11th September 2020
quotequote all
Anastie said:
Markjs you make a fair and valid point. I always thought a car would go through these checks before been put on the forecourt.
We have moved on! Viewing another car today from a different dealer.
beer Good luck for today. thumbup




griffter

4,143 posts

284 months

Friday 11th September 2020
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It wasn’t a £40k BMW was it?

Dave.

7,891 posts

282 months

Friday 11th September 2020
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griffter said:
It wasn’t a £40k BMW was it?
Dammit, beat me to it! hehe

Anastie

Original Poster:

232 posts

187 months

Friday 11th September 2020
quotequote all
griffter said:
It wasn’t a £40k BMW was it?
Ok! I had to look into this and Ive lost 20 min of my life searching for that thread and reading all 9 pages. smile

edc

9,610 posts

280 months

Saturday 12th September 2020
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MitchT said:
In a fair and just world both parties would have to leave a deposit and if one pulled out the other would get their deposit back and the other's deposit. If the customer can lose their deposit in the event of pulling out then the dealer should be on the same hook.
This sounds like some sort of utopia for consumers. Dealer who has the asset pays a deposit to a potential buyer for the privilege of selling them the car!?

Targarama

14,777 posts

312 months

Saturday 12th September 2020
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I think you may have been lucky here. It sounds like the dealer found something potentially very expensive wrong with the car and does not want to sell it/warrant that sale (i.e. be on the tab to fix the issue 1 month down the line). Best option for them is to sell it at auction.

mike74

3,687 posts

161 months

Saturday 12th September 2020
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Targarama said:
I think you may have been lucky here. It sounds like the dealer found something potentially very expensive wrong with the car and does not want to sell it/warrant that sale (i.e. be on the tab to fix the issue 1 month down the line). Best option for them is to sell it at auction.
I disagree,

I think Bemmer has it right that the dealer has probably found a ''better'' buyer for it, someone who they're rinsing on a part ex and getting them to sign up to a nice lucrative finance package.

MarkJS

2,143 posts

176 months

Saturday 12th September 2020
quotequote all
mike74 said:
I disagree,

I think Bemmer has it right that the dealer has probably found a ''better'' buyer for it, someone who they're rinsing on a part ex and getting them to sign up to a nice lucrative finance package.
This is possible - but I really do think that you are overthinking it and looking for a conspiracy. You do realise that selling everyday cars is a volume driven business and fast turnover is crucial? If the OP was looking at some kind of exotica, it would be a different story but I’m pretty sure we’re talking about something pretty mainstream in this case and the dealer/salesperson isn’t going to spend pounds (time) chasing pennies.

Happy to be proven wrong of course.