Approved used dealer sold car twice
Discussion
Long time reader, ocassional poster, looking for some PH "wisdom" please.
Eight days ago I paid a £150 reservation deposit online for a less than 12mo old approved used car via the manufacturers own website. The phsycial car is 400+ miles away at an approved franchise.
A few days later a sales contract was both emailed to me and sent via the manufacturer's app and duly signed by myself and the supplying franchise. Subsequently the manufacturer's finance company has approved the PCP and agreement signed by both parties. Direct phone calls with said manufacturer confirmed all in order and that a handover date would be set in a few days. I then duly paid the significant (£5k) initial payment and receipt has been confirmed (reflected in the manufacturer's app).
Fast forward to today and I receive a call from the supplying dealer apologising the car had accidentally, due to a computer glitch, been purchased by two customers and they will not be able to supply it. The only option provided so far is to cancel the deal and return all my monies paid.
I have reviewed the sales contract and there is a clause specifically stating that the dealer is legally bound to supply the vehicle. The contract specifies VIN, Reg, Colour, Specification and milage.
I'm pragmatic, if that car is gone then no tears will be shed (it's nothing special, but still over £30k). I'd still like this make, model and spec of car and my old car has already been sold (on basis of this replacement vehicle being a done deal).
Where do I stand with expecting them to be supplying a similar spec vehicle from their network and if one is not available, am I left to suck it up and move on?
Eight days ago I paid a £150 reservation deposit online for a less than 12mo old approved used car via the manufacturers own website. The phsycial car is 400+ miles away at an approved franchise.
A few days later a sales contract was both emailed to me and sent via the manufacturer's app and duly signed by myself and the supplying franchise. Subsequently the manufacturer's finance company has approved the PCP and agreement signed by both parties. Direct phone calls with said manufacturer confirmed all in order and that a handover date would be set in a few days. I then duly paid the significant (£5k) initial payment and receipt has been confirmed (reflected in the manufacturer's app).
Fast forward to today and I receive a call from the supplying dealer apologising the car had accidentally, due to a computer glitch, been purchased by two customers and they will not be able to supply it. The only option provided so far is to cancel the deal and return all my monies paid.
I have reviewed the sales contract and there is a clause specifically stating that the dealer is legally bound to supply the vehicle. The contract specifies VIN, Reg, Colour, Specification and milage.
I'm pragmatic, if that car is gone then no tears will be shed (it's nothing special, but still over £30k). I'd still like this make, model and spec of car and my old car has already been sold (on basis of this replacement vehicle being a done deal).
Where do I stand with expecting them to be supplying a similar spec vehicle from their network and if one is not available, am I left to suck it up and move on?
rockford22 said:
Long time reader, ocassional poster, looking for some PH "wisdom" please.
Eight days ago I paid a £150 reservation deposit online for a less than 12mo old approved used car via the manufacturers own website. The phsycial car is 400+ miles away at an approved franchise.
A few days later a sales contract was both emailed to me and sent via the manufacturer's app and duly signed by myself and the supplying franchise. Subsequently the manufacturer's finance company has approved the PCP and agreement signed by both parties. Direct phone calls with said manufacturer confirmed all in order and that a handover date would be set in a few days. I then duly paid the significant (£5k) initial payment and receipt has been confirmed (reflected in the manufacturer's app).
Fast forward to today and I receive a call from the supplying dealer apologising the car had accidentally, due to a computer glitch, been purchased by two customers and they will not be able to supply it. The only option provided so far is to cancel the deal and return all my monies paid.
I have reviewed the sales contract and there is a clause specifically stating that the dealer is legally bound to supply the vehicle. The contract specifies VIN, Reg, Colour, Specification and milage.
I'm pragmatic, if that car is gone then no tears will be shed (it's nothing special, but still over £30k). I'd still like this make, model and spec of car and my old car has already been sold (on basis of this replacement vehicle being a done deal).
Where do I stand with expecting them to be supplying a similar spec vehicle from their network and if one is not available, am I left to suck it up and move on?
They should honour the contract they have with you. Find a car the same and supply it even if it costs them more.Eight days ago I paid a £150 reservation deposit online for a less than 12mo old approved used car via the manufacturers own website. The phsycial car is 400+ miles away at an approved franchise.
A few days later a sales contract was both emailed to me and sent via the manufacturer's app and duly signed by myself and the supplying franchise. Subsequently the manufacturer's finance company has approved the PCP and agreement signed by both parties. Direct phone calls with said manufacturer confirmed all in order and that a handover date would be set in a few days. I then duly paid the significant (£5k) initial payment and receipt has been confirmed (reflected in the manufacturer's app).
Fast forward to today and I receive a call from the supplying dealer apologising the car had accidentally, due to a computer glitch, been purchased by two customers and they will not be able to supply it. The only option provided so far is to cancel the deal and return all my monies paid.
I have reviewed the sales contract and there is a clause specifically stating that the dealer is legally bound to supply the vehicle. The contract specifies VIN, Reg, Colour, Specification and milage.
I'm pragmatic, if that car is gone then no tears will be shed (it's nothing special, but still over £30k). I'd still like this make, model and spec of car and my old car has already been sold (on basis of this replacement vehicle being a done deal).
Where do I stand with expecting them to be supplying a similar spec vehicle from their network and if one is not available, am I left to suck it up and move on?
Sometimes s
t happens and, in this case, some ropey admin meant the car was sold twice. I'm sure no-one meant for this to happen or did it on purpose. And...you're not out of pocket as you'll get your depo back. For me there's no need for any drama, just feel a bit put out and move on. Possibly ask for a goodwill gesture for your inconvenience.
What's the alternative? Kick up a fuss, get stressed, chat to a lawyer, sue for breach of contract? Just not worth it.
t happens and, in this case, some ropey admin meant the car was sold twice. I'm sure no-one meant for this to happen or did it on purpose. And...you're not out of pocket as you'll get your depo back. For me there's no need for any drama, just feel a bit put out and move on. Possibly ask for a goodwill gesture for your inconvenience.What's the alternative? Kick up a fuss, get stressed, chat to a lawyer, sue for breach of contract? Just not worth it.
kestral said:
They should honour the contract they have with you. Find a car the same and supply it even if it costs them more.
Wouldn't the contract be to supply THAT car, not one that just looks the same? They can hardly go and buy it back from the new owner, so I think it's refund and move on. He might find a better one 
Your contract is to buy a specific car, based on registration and VIN not a car of a certain spec and price.
They have breached the contract but don’t have the time and inclination and finances to employ a solicitor to pursue them for breaching the contract?
If not then take the refund and move on, you can ask them to supply another car of the same calibre but if they say no then it’s really not worth the hassle
They have breached the contract but don’t have the time and inclination and finances to employ a solicitor to pursue them for breaching the contract?
If not then take the refund and move on, you can ask them to supply another car of the same calibre but if they say no then it’s really not worth the hassle
Similar(ish) happened to colleague buying a new, in stock, 5 Series. It was heavily discounted and on a low APR finance deal that was about to end.
He was miffed as the dealer avoided him for a few days when he was chasing for the reg number to insure it, then eventually they said "hard luck, we sold it to someone else, we'll send your deposit back when we get around to it".
Our company legal bloke said that as money had changed hands a contract was in place and the dealer was obliged to fulfil it.
The dealer backed down completely - factory ordered the same car with a couple of £K free options, and put more into it so the monthly payments sayed the same at the higher APR. He did have a squeakly bum couple of months waiting as his old car was on its last legs - he tried to get them to take it early and put him in a courtesy car but they wouldn't.
He was miffed as the dealer avoided him for a few days when he was chasing for the reg number to insure it, then eventually they said "hard luck, we sold it to someone else, we'll send your deposit back when we get around to it".
Our company legal bloke said that as money had changed hands a contract was in place and the dealer was obliged to fulfil it.
The dealer backed down completely - factory ordered the same car with a couple of £K free options, and put more into it so the monthly payments sayed the same at the higher APR. He did have a squeakly bum couple of months waiting as his old car was on its last legs - he tried to get them to take it early and put him in a courtesy car but they wouldn't.
Sheepshanks said:
Similar(ish) happened to colleague buying a new, in stock, 5 Series. It was heavily discounted and on a low APR finance deal that was about to end.
He was miffed as the dealer avoided him for a few days when he was chasing for the reg number to insure it, then eventually they said "hard luck, we sold it to someone else, we'll send your deposit back when we get around to it".
Our company legal bloke said that as money had changed hands a contract was in place and the dealer was obliged to fulfil it.
The dealer backed down completely - factory ordered the same car with a couple of £K free options, and put more into it so the monthly payments sayed the same at the higher APR. He did have a squeakly bum couple of months waiting as his old car was on its last legs - he tried to get them to take it early and put him in a courtesy car but they wouldn't.
Well, fair play to your colleague who 'won' in this instance. But, overall, it's a zero sum game. So, who loses when businesses are taken to task/court over an accidental admin issue? It's not the business (maker, dealer, etc) as they recoup it from other customers via pricing adjustments etc.He was miffed as the dealer avoided him for a few days when he was chasing for the reg number to insure it, then eventually they said "hard luck, we sold it to someone else, we'll send your deposit back when we get around to it".
Our company legal bloke said that as money had changed hands a contract was in place and the dealer was obliged to fulfil it.
The dealer backed down completely - factory ordered the same car with a couple of £K free options, and put more into it so the monthly payments sayed the same at the higher APR. He did have a squeakly bum couple of months waiting as his old car was on its last legs - he tried to get them to take it early and put him in a courtesy car but they wouldn't.
I'm not defending situations where businesses purposely shaft the customer. But in situations where something like this is accidental, legal threats/steps hurt us all....in our pockets.
Bit different in the OPs case as his was a distance sale so he could cancel, but imagne the grief if my colleague had wanted / needed to cancel for some reason. Dealer's initial response would almost certainly be to refuse to return his deposit. Yet dealers can shrug and walk away. These contracts are usually unbalanced which automatically makes them Unfair.
Ezra said:
Sheepshanks said:
Similar(ish) happened to colleague buying a new, in stock, 5 Series. It was heavily discounted and on a low APR finance deal that was about to end.
He was miffed as the dealer avoided him for a few days when he was chasing for the reg number to insure it, then eventually they said "hard luck, we sold it to someone else, we'll send your deposit back when we get around to it".
Our company legal bloke said that as money had changed hands a contract was in place and the dealer was obliged to fulfil it.
The dealer backed down completely - factory ordered the same car with a couple of £K free options, and put more into it so the monthly payments sayed the same at the higher APR. He did have a squeakly bum couple of months waiting as his old car was on its last legs - he tried to get them to take it early and put him in a courtesy car but they wouldn't.
Well, fair play to your colleague who 'won' in this instance. But, overall, it's a zero sum game. So, who loses when businesses are taken to task/court over an accidental admin issue? It's not the business (maker, dealer, etc) as they recoup it from other customers via pricing adjustments etc.He was miffed as the dealer avoided him for a few days when he was chasing for the reg number to insure it, then eventually they said "hard luck, we sold it to someone else, we'll send your deposit back when we get around to it".
Our company legal bloke said that as money had changed hands a contract was in place and the dealer was obliged to fulfil it.
The dealer backed down completely - factory ordered the same car with a couple of £K free options, and put more into it so the monthly payments sayed the same at the higher APR. He did have a squeakly bum couple of months waiting as his old car was on its last legs - he tried to get them to take it early and put him in a courtesy car but they wouldn't.
I'm not defending situations where businesses purposely shaft the customer. But in situations where something like this is accidental, legal threats/steps hurt us all....in our pockets.
OP - I believe your contract has been "frustrated". A simple letter shoud kick them into gear. Don't suck it up. Selling a sold car is incompetent and you should not suffer and loss and the dealer needs to learn its not OK.
Edited by Griffith4ever on Saturday 30th March 21:58
Griffith4ever said:
It's not a "zero sum game" - the OP has been shafted and he can absolutely, legitimately, demand a satisfactory equivalent AND be compensated for any loss of vehicle whilst its being sorted. Dealer F'ed up and they need to sort it. I'm shocked at how many of you would just roll over and take it on the chin.
OP - I believe your contract has been "frustrated". A simple letter shoud kick them into gear. Don't suck it up. Selling a sold car is incompetent and you should not suffer and loss and the dealer needs to learn its not OK.
You can disagree with me in terms of sucking it up, but it absolutely is a zero sum game. This attitude of compensation, legal proceedings, blame and counter blame when a mistake has happened ALWAYS ultimately hurts the customer. OP - I believe your contract has been "frustrated". A simple letter shoud kick them into gear. Don't suck it up. Selling a sold car is incompetent and you should not suffer and loss and the dealer needs to learn its not OK.
Edited by Griffith4ever on Saturday 30th March 21:58
Griffith4ever said:
It's not a "zero sum game" - the OP has been shafted and he can absolutely, legitimately, demand a satisfactory equivalent AND be compensated for any loss of vehicle whilst its being sorted. Dealer F'ed up and they need to sort it. I'm shocked at how many of you would just roll over and take it on the chin.
OP - I believe your contract has been "frustrated". A simple letter shoud kick them into gear. Don't suck it up. Selling a sold car is incompetent and you should not suffer and loss and the dealer needs to learn its not OK.
A contract can be frustrated but only due to the unavoidable actions of a party nit includes in the deal. In this case that is not the case, the dealer messed up. A frustrated contract is unwound as if it never existed. OP - I believe your contract has been "frustrated". A simple letter shoud kick them into gear. Don't suck it up. Selling a sold car is incompetent and you should not suffer and loss and the dealer needs to learn its not OK.
Edited by Griffith4ever on Saturday 30th March 21:58
What stands out to me is the many references to "the manufacturer" in your OP.
Is there actual manufacturer involvement here (a la Tesla, etc) or is it a franchise dealer, as per common setup, who isn't anything to do with the manufacturer beyond having a contract to sell the brand of vehicle?
If so I would be surprised if the manufacturer is obliged to get involved with regard to supplying an alternative vehicle from another dealer's stock.
Is there actual manufacturer involvement here (a la Tesla, etc) or is it a franchise dealer, as per common setup, who isn't anything to do with the manufacturer beyond having a contract to sell the brand of vehicle?
If so I would be surprised if the manufacturer is obliged to get involved with regard to supplying an alternative vehicle from another dealer's stock.
Have a google of “Loss of bargain”.
Theoretically, you could sue them for the costs required to put you in the position you would have been in should the contract been performed.
For example, if the only other equivalent car available cost £1k more.
But you’ve got to weigh up if it is worth the risk, time, hassle etc.
Theoretically, you could sue them for the costs required to put you in the position you would have been in should the contract been performed.
For example, if the only other equivalent car available cost £1k more.
But you’ve got to weigh up if it is worth the risk, time, hassle etc.
PorkInsider said:
What stands out to me is the many references to "the manufacturer" in your OP.
Is there actual manufacturer involvement here (a la Tesla, etc) or is it a franchise dealer, as per common setup, who isn't anything to do with the manufacturer beyond having a contract to sell the brand of vehicle?
If so I would be surprised if the manufacturer is obliged to get involved with regard to supplying an alternative vehicle from another dealer's stock.
There is direct manufacturer involvement simular to the Tesla approach (its not a Tesla). The only way to buy an approved used car is through their own website and this then refers to an appointed franchise to handle physical delivery. I'd had no contact with the franchise itself until yesterday and in theory never should have. Worth noting the sales contract is actually signed by the local franchise, I assume they have a deal with the manufacturer to act as sole AUC agent for all distance sales.Is there actual manufacturer involvement here (a la Tesla, etc) or is it a franchise dealer, as per common setup, who isn't anything to do with the manufacturer beyond having a contract to sell the brand of vehicle?
If so I would be surprised if the manufacturer is obliged to get involved with regard to supplying an alternative vehicle from another dealer's stock.
Ezra said:
Griffith4ever said:
It's not a "zero sum game" - the OP has been shafted and he can absolutely, legitimately, demand a satisfactory equivalent AND be compensated for any loss of vehicle whilst its being sorted. Dealer F'ed up and they need to sort it. I'm shocked at how many of you would just roll over and take it on the chin.
OP - I believe your contract has been "frustrated". A simple letter shoud kick them into gear. Don't suck it up. Selling a sold car is incompetent and you should not suffer and loss and the dealer needs to learn its not OK.
You can disagree with me in terms of sucking it up, but it absolutely is a zero sum game. This attitude of compensation, legal proceedings, blame and counter blame when a mistake has happened ALWAYS ultimately hurts the customer. OP - I believe your contract has been "frustrated". A simple letter shoud kick them into gear. Don't suck it up. Selling a sold car is incompetent and you should not suffer and loss and the dealer needs to learn its not OK.
Edited by Griffith4ever on Saturday 30th March 21:58
rockford22 said:
There is direct manufacturer involvement simular to the Tesla approach (its not a Tesla). The only way to buy an approved used car is through their own website and this then refers to an appointed franchise to handle physical delivery. I'd had no contact with the franchise itself until yesterday and in theory never should have. Worth noting the sales contract is actually signed by the local franchise, I assume they have a deal with the manufacturer to act as sole AUC agent for all distance sales.
Do you literally mean the franchise local to you, rather than the one 400 miles away that has the car?Based on what you’ve described, I’d be expecting the manufacturer to at least offer to supply another car that you’re happy with, and to put you in loan car in the meantime. Neither of those things may happen, of course.
Simpo Two said:
Wouldn't the contract be to supply THAT car, not one that just looks the same? They can hardly go and buy it back from the new owner, so I think it's refund and move on. He might find a better one
Yes but the plaintif can accept any car if he wants. The contract just gives him the right not to lose out.Just because it was THAT car does not mean the seller can escape their agreement, it's their problem they sold that car to somone else.
The legal remedy is that the buyer gets what was agreed.
It does not matter what happened to the car, in this case it was sold to someone else, if a flying saucer landed on it and wrote it off or if there was a fire that destroyed it are not relevent. All that is relevent to the buyer is 'where is my car, I am not intereseted in any problems you have they are nothing to do with me. Supply as agreed or compensate by putting me in the position I would have been had you honoured the contact.
It's the seller problem 100%.
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