Legal Advice regarding Car Sale

[cs174]

Hi all,
I wonder if I could ask the collective wisdom of PH for some advice regarding a recent car sale and subsequent claim.

My car was previously advertised for sale on Ebay and there were two potential buyers, lets call them Buyer A and Buyer B. Buyer A viewed the car but didn’t make an offer initially. Buyer B was in the process of arranging to have the car inspected by a local specialist prior to viewing as he lived some distance away.

After the Ebay listing ended, I received an offer via WhatsApp from Buyer A that I agreed to. I then informed Buyer B so he could cancel the inspection. Buyer B then made a counter-offer without seeing the car. So, an hour after accepting Buyer A’s offer via WhatsApp, I informed Buyer A of the counter-offer from Buyer B and asked if he would consider increasing his offer. He initially declined, as he didn’t want to get into a Dutch auction then later asked me how much I would accept to sell the car to him. By this time Buyer B had paid a deposit of £1000. On receipt of the deposit from Buyer B, I considered the car to be sold.

For those interested, the car was a TVR Griffith that was sold to Buyer B for £27,500. Buyer A offered £26,500.

Buyer A has since sent me several letters requesting £2000, which I ignored as in my opinion this is attempted extortion. Buyer A has now raised a claim through Online Civil Money Claims for over £2000 for “loss of bargain”.

Whilst I accept that, morally, I shouldn’t have accepted an offer and then change my mind, I don’t think I acted illegally and I don’t see how Buyer A has incurred any financial loss due to my actions.

I’ve spoken to Citizens Advice and have made an appointment to speak to a solicitor but would appreciate the advice of PH on how best to reply to the claim.

Thanks in advance...

[davek_964]

Seriously?

I really hope he doesn't have a chance. It's ridiculous that he's even trying.

On the bright side - it he's that much of a wker because you didn't sell the car to him, imagine what he'd be like if you had, and he decided it had a fault.

[simoncrowe]

Tell him to fk off!

He cant make a claim for loss of a bargain if he declined to the sale at a higher price. Take your chance and see him in court. There's not a hope in hell that he would win. (Just make sure you turn up though as you wouldn't want it to be found against you in your absence)

[anonymous-user]

Did he even go through the proper process before making the court claim?

[Bill]

davek_964 said:

Seriously?

I really hope he doesn't have a chance. It's ridiculous that he's even trying.

On the bright side - it he's that much of a wker because you didn't sell the car to him, imagine what he'd be like if you had, and he decided it had a fault.

+1

"Loss of bargain"??

[Butter Face]

cs174 said:

Buyer A has now raised a claim through Online Civil Money Claims for over £2000 for “loss of bargain”.

100% definitely a PH’er

Loss of bargain indeed!!

[Vaud]

Bill said:

"Loss of bargain"

It has a specific meaning in contract law.

"Damages awarded for breach of contract. Generally, the purpose of an award of damages for breach of contract is to compensate the injured party. The general rule is that damages are meant to place the claimant in the same position as if the contract had been performed. Damages are usually awarded for expectation loss (loss of a bargain) or reliance loss (wasted expenditure)."

OP accepted the offer by text. he then reneged on the deal.

I'm not saying he will win or lose, but if I were the OP then I would exercise caution.

OP, take your legal advice, or from those on this forum that are lawyers. I am not a lawyer.

[ShyTallKnight]

Wow.... I've heard it all now

[Vaud]

simoncrowe said:

He cant make a claim for loss of a bargain if he declined to the sale at a higher price. Take your chance and see him in court. There's not a hope in hell that he would win. (Just make sure you turn up though as you wouldn't want it to be found against you in your absence)

But the OP accepted his offer and the buyer may have considered the contract agreed?

Hopefully mediation would resolve this one...

[Butter Face]

Vaud said:

simoncrowe said:

He cant make a claim for loss of a bargain if he declined to the sale at a higher price. Take your chance and see him in court. There's not a hope in hell that he would win. (Just make sure you turn up though as you wouldn't want it to be found against you in your absence)

But the OP accepted his offer and the buyer may have considered the contract agreed?

Hopefully mediation would resolve this one...

I’d say that when A wrote back an hour later asking how much OP would consider selling it to him for, A had already considered the original agreement annulled.

[Bill]

Vaud said:

It has a specific meaning in contract law.

"Damages awarded for breach of contract. Generally, the purpose of an award of damages for breach of contract is to compensate the injured party. The general rule is that damages are meant to place the claimant in the same position as if the contract had been performed. Damages are usually awarded for expectation loss (loss of a bargain) or reliance loss (wasted expenditure)."

OP accepted the offer by text. he then reneged on the deal.

I'm not saying he will win or lose, but if I were the OP then I would exercise caution.

OP, take your legal advice, or from those on this forum that are lawyers. I am not a lawyer.

Fair enough. But it is ridiculous.

[Vaud]

ShyTallKnight said:

Wow.... I've heard it all now

OK, try a different scenario.

You are selling me your lawnmower. It's a reasonable deal.
We shake hands - or even sign a contract - agreeing to pay you £600. I leave to get the money.

You then tell me you've had a better offer and try to get more money from me. I decline.

• Might I have incurred some costs?
• What if the closest deal I can then find for this mower is £800?
• Do I suck up the £200 difference because you broke the contract?

in this case we had a contract (oral or written) and you are in breach, not me.

As I said, I'm not a lawyer but I guess it will depend if the acceptance by text of the initial offer is sufficient for the contract to be considered complete (subject to payment).

I'm not a lawyer.

[Vaud]

Butter Face said:

I’d say that when A wrote back an hour later asking how much OP would consider selling it to him for, A had already considered the original agreement annulled.

Possibly. Hence needs formal legal advice.

[OverSteery]

cs174 said:

I received an offer via WhatsApp from Buyer A that I agreed to.

IANAL, but this looks like the agreement of a contract.

[Butter Face]

I’m going to take a stab in the dark and say that A is a dealer, was buying the car and had already planned to move on at a profit, hence his ‘loss or bargain’ claim.

Personally I think he’s on a hiding to nothing!

[anonymous-user]

I sold a bike via eBay classifieds. Agreed a price with a guy subject to fast collection, who then told me he'd collect it 2 weeks later, so O sold it to someone else who collected the next day.

First guy went spare, phoning, threatening etc etc, but one thing I did learn was that eBay classifieds aren't contractual unlike eBay auctions, and eBay told me to just ignore him.

[Vaud]

keirik said:

I sold a bike via eBay classifieds. Agreed a price with a guy subject to fast collection, who then told me he'd collect it 2 weeks later, so O sold it to someone else who collected the next day.

First guy went spare, phoning, threatening etc etc, but one thing I did learn was that eBay classifieds aren't contractual unlike eBay auctions, and eBay told me to just ignore him.

But in this case the sale was completed outside of ebay, the auction had run it's course.
The text communication can form a contract.

[Integroo]

Contracts are formed by offer and acceptance. You accepted an offer and entered into a contract. You are in breach of said contract.

Whether or not he can prove he suffered loss is another thing. If he is a dealer, then he could arguably have a claim for loss of profit. If he is an individual, he could arguably have a claim for the loss he suffered in purchasing another vehicle of similar quality at an increased price (if the agreement with you was a particularly good one).

I wouldn't laugh it off as quickly as others suggest.

[largespiced]

You can now delete messages on whatsapp for both parties...I would try doing that a bit quickly!

[Bill]

So how do people get away with gazumping in a house purchase? Contracts haven't been signed but the agreement to buy is a similar level to the OP's WhatsApp conversation.