Pulling out of sale after signing contract
Pulling out of sale after signing contract
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Discussion

Trendsetter

Original Poster:

101 posts

93 months

Wednesday 16th December 2020
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Evening gents, I’ll try to keep the details as brief and as relevant as possible.

I recently discussed buying a new car with my partner. She vetoed it for one reason or another. I ended up putting a deposit down and agreeing to buy the car. All done via phone and online. Signed a contract online agreeing to buy the car unless misdescribed.

I thereafter informed my partner of this and a fairly large bust up ensued. Her opinion is that the car purchase can simply be forgone. That we’ll lose the deposit but never mind, I shouldn’t have agreed to it. The dealership will accept it and it’ll all be fine.

However, I don’t believe this to be the case. Can anyone advise the likely outcome of telling a dealership I’d changed my mind? Surely they could somehow chase the sale? Fairly unadventurous car under £10k if it makes any difference.

Any relevant knowledge/ experience appreciated.

Mr E

23,015 posts

287 months

Wednesday 16th December 2020
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What does the contract that you signed say,

craigjm

21,338 posts

228 months

Wednesday 16th December 2020
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What does the contact say that you signed? Normally the sanction for pulling out is losing the deposit

CAPP0

20,808 posts

231 months

Wednesday 16th December 2020
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Swallow your pride, speak to the dealer, tell them you paid the deposit without speaking to your OH and she's now not happy, see whether you can appeal to their better nature. It may or may not work but worth a punt for the value of your deposit, it's not as is you have to sit opposite the dealer every day for the rest of your life.

Gary C

15,182 posts

207 months

Wednesday 16th December 2020
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Do the distance selling regs apply in this case and as such you can demand your money back ?

Trendsetter

Original Poster:

101 posts

93 months

Wednesday 16th December 2020
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Distance selling regs would appear to apply. However, more than 14 days have elapsed since deposit so it is beyond the scope of simply asking for that back it seems. The contract says it an be cancelled with the forfeiture of deposit and any applicable costs incurred by them.

babelfish

1,019 posts

235 months

Thursday 17th December 2020
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So nice to see PH finally recognising that the female of the species are the ones with more sense....

samoht

7,184 posts

174 months

Thursday 17th December 2020
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Trendsetter said:
Her opinion is that the car purchase can simply be forgone. That we’ll lose the deposit but never mind, I shouldn’t have agreed to it. The dealership will accept it and it’ll all be fine.

However, I don’t believe this to be the case.
I'm pretty sure that this is correct, you can cancel the contract and the penalty is the loss of the deposit already paid only.

As I see it, surely that's the whole purpose of the deposit, it's a consideration to the dealer towards them proceeding with the sale, and nominally covers them for lost advertising / stocking time, pre-sale preparation of the car that might have to be re-done for the next buyer, etc. It sounds like the arrangement has a deposit specifically for this purpose, so I can't imagine a legal outcome other than you losing your deposit.

I suspect that what you're really looking for here is for someone to come along and say 'Oh no, you can't pull out now, the dealer will pursue you for every last penny' so that you can turn around to your wife and explain that it's sadly now too late to cancel the purchase, and you get the car you want. However (caveat that I've not seen the contract wording) I highly doubt this is actually legally the case.

nunpuncher

3,763 posts

153 months

Thursday 17th December 2020
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Tell your misses if she's that against it she can phone them up and sort it out.






Then enjoy sleeping on the couch for the next few nights.

CloudStuff

4,229 posts

132 months

Thursday 17th December 2020
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Let this be a lesson. Just buy and arrive at home. Spousal permission is so beta!

The Cardinal

1,380 posts

280 months

Thursday 17th December 2020
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I believe distance selling regulations mean you can withdraw up to 14 days *after taking delivery*.

Trendsetter

Original Poster:

101 posts

93 months

Thursday 17th December 2020
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In theory, as stated, I could complete the purchase and return the car within 14 days. Not sure where that would leave me with the part exchange though, im guessing they'd have to keep that?

Nail on the head though, was hoping some vague threat of legal action would sway things but no dice. I'll end up buying it anyway and just have to live on the couch for a while I suppose.

M4cruiser

5,104 posts

178 months

Thursday 17th December 2020
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Looks like a simple choice between the car and your partner. biggrin
May be easier to keep the car and go your own way ...

Trendsetter

Original Poster:

101 posts

93 months

Thursday 17th December 2020
quotequote all
M4cruiser said:
Looks like a simple choice between the car and your partner. biggrin
May be easier to keep the car and go your own way ...
That may be true but it’s electric and I would have nowhere to plug it in...

Gary C

15,182 posts

207 months

Friday 18th December 2020
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Trendsetter said:
M4cruiser said:
Looks like a simple choice between the car and your partner. biggrin
May be easier to keep the car and go your own way ...
That may be true but it’s electric and I would have nowhere to plug it in...
What, the wife ?

b80

197 posts

124 months

Friday 18th December 2020
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CloudStuff said:
Let this be a lesson. Just buy and arrive at home. Spousal permission is so beta!
yep, you failed a st test. may as well put your balls in a jar now. wink

DartyBistard

187 posts

147 months

Friday 18th December 2020
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Can you not take delivery and attempt a private sale? don't know how much the deposit was but might be the best way to minimize your losses.

And you never know, if you've got it around for a little bit the mrs might see sense...

CloudStuff

4,229 posts

132 months

Friday 18th December 2020
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b80 said:
CloudStuff said:
Let this be a lesson. Just buy and arrive at home. Spousal permission is so beta!
yep, you failed a st test. may as well put your balls in a jar now. wink
And, being honest, I failed the 'have a solid and long lasting marriage' test, but at least I have two great kids and a car I enjoy. I'll take it!

hyphen

26,262 posts

118 months

Friday 18th December 2020
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Trendsetter said:
I thereafter informed my partner of this and a fairly large bust up ensued. .
Doesn't seem a relationship that will last. Best end it with her now - and keep the car smile

The Rotrex Kid

34,606 posts

188 months

Friday 18th December 2020
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hyphen said:
Trendsetter said:
I thereafter informed my partner of this and a fairly large bust up ensued. .
Doesn't seem a relationship that will last. Best end it with her now - and keep the car smile
Good advice if it was something interesting. OP Has stated it's a boring run of the mill car. Hardly worth it. Fight a worthwhile fight IMO.

And OP, just call the dealer, tell them you need to cancel. If they want to keep the deposit then make the decision if you want to fight for it or just suck it up.