Help, BMW approved used dealer trying to rennact from deal

Help, BMW approved used dealer trying to rennact from deal

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Discussion

sneakyg

Original Poster:

40 posts

17 months

Hi, I put a holding deposit on an approved used BMW X4, I was told that I could not see the car last week as they were getting the wheels done and can come up tomorrow to view with the aim of driving away. Today I called the salesman and asked if it was still good to come up as I had not heard anything and then dropped the bomb and said that they are not sure if they could sell the car as it was an approved used and the costs attached because it was an approved used all of a sudden may not make sense and that he will find out on monday and refund me if necessary.

The deal in principe was agreed a weel ago and this was after the sales person had spoken to his manager and agreed the price was inline with some others for sale that he was aware of. £25.5k for a 2019 BMW X4 with just under 40k miles on the clock is going by others a fair deal.

Should I be sending an email to them and stating that I want the opportunity to purchase at the agreed price and that they should not try and rennact from the deal to reprice for more money

any advice?

Gt6turbo

222 posts

5 months

What were the terms of the holding deposit? Did they give you an order from?

GordonGekko

249 posts

103 months

Never be fcked around, or transact with questionable sorts.

Be like MJ and moonwalk away.


Been in the market for a 2016/17 panamera recently - looked at a couple of acceptable ones. Dealers were unwilling to make a deal, so left both times. Followed up, still unwilling.
A new car came to market with great spec and slightly higher mileage but very acceptable. Dealer was great to transact with. Sitting in it now

sneakyg

Original Poster:

40 posts

17 months

Gt6turbo said:
What were the terms of the holding deposit? Did they give you an order from?
ive got recepit for my reservation for the car, including the order reference.

I dont want them to simply refund me then reput the vehicle up for sale at an inflated price.

I have had this happen to me before

sneakyg

Original Poster:

40 posts

17 months

GordonGekko said:
Never be fcked around, or transact with questionable sorts.

Be like MJ and moonwalk away.


Been in the market for a 2016/17 panamera recently - looked at a couple of acceptable ones. Dealers were unwilling to make a deal, so left both times. Followed up, still unwilling.
A new car came to market with great spec and slightly higher mileage but very acceptable. Dealer was great to transact with. Sitting in it now
I understand this and have walked away from a few, typically when i am not convinced by the garage (as some are them small garages who have changed ownerships and names lots), so one that comes with 3 years warrenty (1 free and 2 extra as part of the current approved used offer) was appealing

skyebear

875 posts

20 months

I had a deposit returned by a BMW dealer who were unable or unwilling to answer simple questions. Ended up buying from another BMW dealer at opposite end of the country who were easy to deal with, answered questions and volunteered information.

If they're difficult before they have all your money they'll be a nightmare once they do.

Also confirm the additional years' warranty is the BMW one. A BMW I enquired about had two years warranty as a promo. The dealer said first year was the BMW AUC warranty but conceded the second year was "their own warranty".

Edited by skyebear on Friday 13th June 20:51


Edited by skyebear on Friday 13th June 20:53

Gt6turbo

222 posts

5 months

Loss of bargain is probably the most fitting to your situation.

sneakyg

Original Poster:

40 posts

17 months

Gt6turbo said:
Loss of bargain is probably the most fitting to your situation.
Ive been looking on and off for over a year, trust me - prices are holding firm at the moment for the X4's. Espcially the Black ones.

I understand the notion of walking away though, but equally I dont want to be dismissed just because they want to earn more and I want to be able to make sure they dont just walk over people (me)

Gt6turbo

222 posts

5 months

sneakyg said:
Ive been looking on and off for over a year, trust me - prices are holding firm at the moment for the X4's. Espcially the Black ones.

I understand the notion of walking away though, but equally I dont want to be dismissed just because they want to earn more and I want to be able to make sure they dont just walk over people (me)
1st check if they are in motor ombudsman scheme.(saves going to court)

Next advise you formed a contract, and seeking damages for loss of bargain.

see what they say. i think best is they give you car, or at least something similar and free servicing etc. just post up terms of deposit though for better advice.

sneakyg

Original Poster:

40 posts

17 months

Gt6turbo said:
1st check if they are in motor ombudsman scheme.(saves going to court)

Next advise you formed a contract, and seeking damages for loss of bargain.

see what they say. i think best is they give you car, or at least something similar and free servicing etc. just post up terms of deposit though for better advice.
I cant find anything specific about the terms and conditons relating to the reservation fee, i just know that it was taken off sale at this point and the salesperson was drawing up the paperwork incase I wanted to drive it away after viewing.

'Reserve the vehicle of your choice, from just £199 refundable reservation fee.

Once you’ve decided on the right vehicle for you, simply click 'Reserve' then complete the form and make your payment…you're on your way to securing your next new car! We will reserve the vehicle for you for 48hrs, and in the meantime, one of our team will be in touch to confirm your reservation and discuss the next steps, including your funding options and provide you with a part-exchange valuation, should you require'

should I email them now and say that I am concerned that the deal will not be honoured and would like someone from the approprriate team to respond before they try and not honour the deal? or should I wait until they come back? Im guessing they may refund me without even speaking with me.

MitchT

16,694 posts

223 months

sneakyg said:
'Reserve the vehicle of your choice, from just £199 refundable reservation fee.
I would imagine that if you can back out of a reservation and get the fee back then they can pull out too. Happy to be proven wrong though.

skyebear

875 posts

20 months

MitchT said:
I would imagine that if you can back out of a reservation and get the fee back then they can pull out too. Happy to be proven wrong though.
Other dealers do have in their terms that the reservation fee does not mean a contract to purchase is formed and that either party can withdraw without penalty.

So I think you're correct.

Be different if a deposit had been paid and a contract entered into.

South tdf

1,616 posts

209 months

sneakyg said:
Hi, I put a holding deposit on an approved used BMW X4, I was told that I could not see the car last week as they were getting the wheels done and can come up tomorrow to view with the aim of driving away. Today I called the salesman and asked if it was still good to come up as I had not heard anything and then dropped the bomb and said that they are not sure if they could sell the car as it was an approved used and the costs attached because it was an approved used all of a sudden may not make sense and that he will find out on monday and refund me if necessary.

The deal in principe was agreed a weel ago and this was after the sales person had spoken to his manager and agreed the price was inline with some others for sale that he was aware of. £25.5k for a 2019 BMW X4 with just under 40k miles on the clock is going by others a fair deal.

Should I be sending an email to them and stating that I want the opportunity to purchase at the agreed price and that they should not try and rennact from the deal to reprice for more money

any advice?
The chances are they have found a red flag in the history or with the car and can t approve it and will trade it. Lots of dealers buy cars blind and the first time they check them properly is at the dealership.

I am sure you would be complaining if you found the car had been clocked or had a substantial repair.

Harry you Potter

158 posts

12 months

Things happen for a reason. Someone is telling you not to buy it so take heed and drop the whole idea.

One will come along and this one obviously isn’t the one

rlg43p

1,397 posts

263 months

It probably the best outcome. You don't really want an X4, they're fking hideous.

Gt6turbo

222 posts

5 months

Did you get an order confirmation. Looking at there T and Cs if it is this one.

''(i) you must contact us either by telephone or, email or our online enquiry form with the details of the vehicle you wish to purchase; (ii) We will confirm the vehicle details with you and take a deposit by debit or credit card to reserve that vehicle; (iii) we will then send you an initial acknowledgement; and (iv) once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order."''


sneakyg

Original Poster:

40 posts

17 months

Yesterday (00:54)
quotequote all
Gt6turbo said:
Did you get an order confirmation. Looking at there T and Cs if it is this one.

''(i) you must contact us either by telephone or, email or our online enquiry form with the details of the vehicle you wish to purchase; (ii) We will confirm the vehicle details with you and take a deposit by debit or credit card to reserve that vehicle; (iii) we will then send you an initial acknowledgement; and (iv) once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order."''
I was told that I could pay either £200 or £500 as a holding deposit with the difference being that the £200 would hold it for 48 hours.
I was told that the agreed price was agreed with the salesman and his manager.
I was informed that the vehicle was held for me and taken off sale whilst they had my depost.

the only time it appeared to be an issue was today

paul_c123

673 posts

7 months

Yesterday (04:25)
quotequote all
They can refund if they want to, it unwinds the contract, then you have no contract with them.

Advice: just wait until Monday.

RayDonovan

5,478 posts

229 months

Yesterday (07:43)
quotequote all
Might be crash damaged

Service history might be false, wrong or dodgy

Engine could be knackered

Just find another, the dealership are probably doing you favour.

cliffords

2,471 posts

37 months

Yesterday (08:18)
quotequote all
Similar happened to someone I know . It was an Audi and after much fuss by the potential owner , it did transpire the car was unrecorded crash damage. Spotted by selling dealer .