Dealer wants to take car back and cancel deal

[vitaviator]

Hi,

I bought a used car from a second hand car dealership. There were a number of small issues with the car which I reported. I got a call from the dealer demanding that I return the car and that they were within their rights to cancel the deal and have the car returned.

Are they legally allow to demand that the car is returned?

I want to keep the car if possible. Can I just tell them I am not returning the car or do they have the right to cancel the deal?

Thanks!

[Djtemeka]

vitaviator said:

Hi,

I bought a used car from a second hand car dealership. There were a number of small issues with the car which I reported. I got a call from the dealer demanding that I return the car and that they were within their rights to cancel the deal and have the car returned.

Are they legally allow to demand that the car is returned?

I want to keep the car if possible. Can I just tell them I am not returning the car or do they have the right to cancel the deal?

Thanks!

for the sake of them having your money and the headache it could cause I'd be getting a full refund and going elsewhere.

[PHZero]

vitaviator said:

Hi,

I bought a used car from a second hand car dealership. There were a number of small issues with the car which I reported. I got a call from the dealer demanding that I return the car and that they were within their rights to cancel the deal and have the car returned.

Are they legally allow to demand that the car is returned?

I want to keep the car if possible. Can I just tell them I am not returning the car or do they have the right to cancel the deal?

Thanks!

Is it a Toyota C-HR by any chance?

[anonymous-user]

For more specific advice the model, age, price and issues in question would be useful.

Depending on the above they may have decided that it's more economical for them to auction the car off instead of repair it or you, or possibly they deem these issues to be fair wear and tear but don't want to bum fight with a customer that is "hardwork".

The offer of a refund is totally justified, you can't force them to repair it. If you've got an alternative solution feel free to offer it to the dealer, but their only obligation is to put you back to where you were at the beginning of the deal, i.e a refund

[Caddyshack]

WorldBoss said:

For more specific advice the model, age, price and issues in question would be useful.

Depending on the above they may have decided that it's more economical for them to auction the car off instead of repair it or you, or possibly they deem these issues to be fair wear and tear but don't want to bum fight with a customer that is "hardwork".

The offer of a refund is totally justified, you can't force them to repair it. If you've got an alternative solution feel free to offer it to the dealer, but their only obligation is to put you back to where you were at the beginning of the deal, i.e a refund

2 things…1) how do you have a bum fight?

2) the op says "demand they return the car" which is very different to "offering a refund"

[andymc]

PHZero said:

vitaviator said:

Hi,

I bought a used car from a second hand car dealership. There were a number of small issues with the car which I reported. I got a call from the dealer demanding that I return the car and that they were within their rights to cancel the deal and have the car returned.

Are they legally allow to demand that the car is returned?

I want to keep the car if possible. Can I just tell them I am not returning the car or do they have the right to cancel the deal?

Thanks!

Is it a Toyota C-HR by any chance?

quite possibly

[anonymous-user]

Caddyshack said:

2 things…1) how do you have a bum fight?

2) the op says "demand they return the car" which is very different to "offering a refund"

1) It's a bit like a bun fight but with a "M" instead

2) I'm assuming that they haven't exactly gone "Bring the car back by 5pm tonight or we send the heavies in".

I we could get pedantic about the specific wording of this thread and ask the OP for a full transcript of the conversations with the dealer, or we can assume that the OP has been offered effectively a refund in lieu of a repair.

[Caddyshack]

WorldBoss said:

Caddyshack said:

2 things…1) how do you have a bum fight?

2) the op says "demand they return the car" which is very different to "offering a refund"

1) It's a bit like a bun fight but with a "M" instead

2) I'm assuming that they haven't exactly gone "Bring the car back by 5pm tonight or we send the heavies in".

I we could get pedantic about the specific wording of this thread and ask the OP for a full transcript of the conversations with the dealer, or we can assume that the OP has been offered effectively a refund in lieu of a repair.

Agree with you, I was not having a pop at you, more interested in the word "demand", either over reaction or there is more to the story?

[Ian Geary]

There is always more to the story.

Given the role reversal, I wonder if the OP could expect insurance admin charges and ved costs to be compensated?

Given the dealer is deciding that the sale should be undone.

[anonymous-user]

Caddyshack said:

Agree with you, I was not having a pop at you, more interested in the word "demand", either over reaction or there is more to the story?

Apologies old bean, I misinterpreted the tone of your post, I hope you can forgive me .

Indeed I'm curious for more details too

[Caddyshack]

WorldBoss said:

Caddyshack said:

Agree with you, I was not having a pop at you, more interested in the word "demand", either over reaction or there is more to the story?

Apologies old bean, I misinterpreted the tone of your post, I hope you can forgive me .

Indeed I'm curious for more details too

No, No, the apologies are all mine.

[ZX10R NIN]

It sounds like the OP has spoken to the dealer & listed what he's not happy with upon the car being delivered & the dealer has decided that they'd rather have the car back & refund the OP, whose now decided that maybe the problems weren't that bad.

[Trevor555]

vitaviator said:

Hi,

I got a call from the dealer demanding that I return the car and that they were within their rights to cancel the deal and have the car returned.

Are they legally allow to demand that the car is returned?

I don't think they can just demand you agree to cancel a deal after you've paid, and driven away, but I'm happy to be corrected if anyone knows otherwise?

OP give citizens advice a call, it's a free service to consumers.

If dealers are entitled to cancel deals and demand cars back, what would be a timescale?

With so many cars going up in value they'd all be at it?

I'm about to take delivery of a GR86, can the dealer demand I return it and then sell it for more?

Don't think so.

Blooming hope not

[Caddyshack]

Trevor555 said:

vitaviator said:

Hi,

I got a call from the dealer demanding that I return the car and that they were within their rights to cancel the deal and have the car returned.

Are they legally allow to demand that the car is returned?

I don't think they can just demand you agree to cancel a deal after you've paid, and driven away, but I'm happy to be corrected if anyone knows otherwise?

OP give citizens advice a call, it's a free service to consumers.

If dealers are entitled to cancel deals and demand cars back, what would be a timescale?

With so many cars going up in value they'd all be at it?

I'm about to take delivery of a GR86, can the dealer demand I return it and then sell it for more?

Don't think so.

Blooming hope not

I expect it was more of a "ok, bring it back to us and we will give you your money back".

If not I want to cancel the deal on my E30 Evo M3 that I sold in 1999 for £7,800.

[Trevor555]

Caddyshack said:

I expect it was more of a "ok, bring it back to us and we will give you your money back".

If not I want to cancel the deal on my E30 Evo M3 that I sold in 1999 for £7,800.

Oh my, what would that baby be worth today?

[vitaviator]

Thanks for everything so far. The dealer has already resolved a number of the issues with the car. They were all.minor issues. Basically the dealer said he would give me a refund but is saying he wants the car to be returned. He said that he is within his rights to ask for the car to be returned.

As I said the issues are minor and I do not want to return the car for a refund.

I just need to know if I can refuse to return the car or does he indeed have a legal right to terminate the deal?

[Trevor555]

vitaviator said:

Thanks for everything so far. The dealer has already resolved a number of the issues with the car. They were all.minor issues. Basically the dealer said he would give me a refund but is saying he wants the car to be returned. He said that he is within his rights to ask for the car to be returned.

As I said the issues are minor and I do not want to return the car for a refund.

I just need to know if I can refuse to return the car or does he indeed have a legal right to terminate the deal?

Just out of interest, have you taken finance on the car?

But I'd give citizens advice a call in the morning if I were you rather than asking important about important stuff like that on a forum.

If it turns out they're talking bull, and it's on finance, then a complaint to the FCA would be in order. That creates a lot of shrite for a dealer.

[vitaviator]

Car is not on finance, paid cash

[The Rotrex Kid]

Ultimately, no, they can’t just demand the car back.

If you’re asking for a fault to be fixed, they can as I understand it (but wait to be proven wrong) say they will refund you instead. So you can take the refund or live with the fault.

[Caddyshack]

Just ask them to show you what you signed that agrees you would need to return the car and when they explained that to you or supply you with proof that they can ask for the car back and you will get a Solicitor to explain it to you and advise accordingly.