Approved used dealer sold car twice

[Simpo Two]

kestral said:

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%.

But it's a problem that has to have an answer. How would you put the buyer in the position he would have been in had the dealer honoured the contract?

[MitchT]

kestral said:

They should honour the contract they have with you.

I guess the issue with that is that they've made the same contract with someone else too. As it's not physically possible to honour both contracts then the best anyone can get out of this is that the person who secured the car first gets it.

[fido]

Simpo Two said:

But it's a problem that has to have an answer. How would you put the buyer in the position he would have been in had the dealer honoured the contract?

They could provide pecuniary compensation i.e. here’s £250 for wasting your time and trouble. Cheaper than a day in court.

[GasEngineer]

MitchT said:

I guess the issue with that is that they've made the same contract with someone else too. As it's not physically possible to honour both contracts then the best anyone can get out of this is that the person who secured the car first gets it.

.. it may of course be that the dealer got a better price from the second customer.

[Countdown]

GasEngineer said:

MitchT said:

I guess the issue with that is that they've made the same contract with someone else too. As it's not physically possible to honour both contracts then the best anyone can get out of this is that the person who secured the car first gets it.

.. it may of course be that the dealer got a better price from the second customer.

That was my thought as well. The motoring equivalent of gazumping.

OP were you paying the full price or had you negotiated a discount?

[Simpo Two]

Countdown said:

GasEngineer said:

MitchT said:

I guess the issue with that is that they've made the same contract with someone else too. As it's not physically possible to honour both contracts then the best anyone can get out of this is that the person who secured the car first gets it.

.. it may of course be that the dealer got a better price from the second customer.

That was my thought as well. The motoring equivalent of gazumping.

OP were you paying the full price or had you negotiated a discount?

That may be more of a moral issue than a legal one. But I doubt they'd tell you how much the other buyer paid anyway.

[rockford22]

OP here - paid full asking price. Given the entire process goes through the manufacturer's app I see no opportunity for them to have sold it for more to someone else unless they sold it to a walk in customer and had it listed for more on the forecourt than the app. (Possible I guess)

I want to believe it is a genuine mistake and a catalogue of proceedures not being followed that have allowed the dealer to somehow get to a fully completed sale without physically having the vehicle to sell.

I'm due to receive a call from the Sales Manager at the supplying dealer on Tuesday to update me if they can provide a simular spec vehicle. He pre-warned me that he thinks they only have a newer and therefore more expensive car with the same option packs I want. It remains to be seen if they will be taking the hit and providing it at the price of the original car (I'd guess max £1000 price differential).

[FMOB]

I think first action is to state they signed a contract so should fullfil the contract and see what happens. Get on to the dealer principal and manufacturer, make a fuss on social media to add some pressure into the matter.

Yes it can get messy if they push back but the OP has been put in a situation so the dealer needs their nose smacked rather than there being no consequences.

Reality, assume they will return your money and continue hunting for another car.

[PhilkSVR]

Let us know what the dealer has to say. I hope that they try to help you resolve the situation even if this costs them a few hundred quid. If it’s a £1000 premium split the difference for example. Their mistake, let’s see what their customer service is like, rather than just ‘tough luck sir’.

[Simpo Two]

rockford22 said:

I'm due to receive a call from the Sales Manager at the supplying dealer on Tuesday to update me if they can provide a simular spec vehicle. He pre-warned me that he thinks they only have a newer and therefore more expensive car with the same option packs I want. It remains to be seen if they will be taking the hit and providing it at the price of the original car (I'd guess max £1000 price differential).

FMOB said:

I think first action is to state they signed a contract so should fullfil the contract and see what happens

I would combine those two things. Tell the SM that his company is in clear beach of contract and that technically he's obliged to give you the exact car you ordered as specified in said contract. He can't do that, so that's when you (politely but firmly) place your expectation that he will supply you the slightly newer car for the same price. It's his company's fault not yours, so his company can play the 'goodwill' card to defuse the furious customer and make flowers grow in the valley once more. The obvious route for him is to concede, but to offer to meet you halfway. I would close on that. £1,000 of extra stuff for £500, and both parties can claim a win.



There's law as it's written, law as it can actually be done, and negotiation.

[eccles]

I wonder how they would react if you changed your mind after signing in the contract....

[havoc]

Simpo Two said:

rockford22 said:

I'm due to receive a call from the Sales Manager at the supplying dealer on Tuesday to update me if they can provide a simular spec vehicle. He pre-warned me that he thinks they only have a newer and therefore more expensive car with the same option packs I want. It remains to be seen if they will be taking the hit and providing it at the price of the original car (I'd guess max £1000 price differential).

FMOB said:

I think first action is to state they signed a contract so should fullfil the contract and see what happens

I would combine those two things. Tell the SM that his company is in clear beach of contract and that technically he's obliged to give you the exact car you ordered as specified in said contract. He can't do that, so that's when you (politely but firmly) place your expectation that he will supply you the slightly newer car for the same price. It's his company's fault not yours, so his company can play the 'goodwill' card to defuse the furious customer and make flowers grow in the valley once more. The obvious route for him is to concede, but to offer to meet you halfway. I would close on that. £1,000 of extra stuff for £500, and both parties can claim a win.


There's law as it's written, law as it can actually be done, and negotiation.

Good advice.

[Forrest1]

Had more or less exactly the same thing happen to me a couple of years ago. Bought an approved used cor via my local dealership however the car itself was at another dealership a few hundred miles away. We agreed the price, finance etc and left it that delivery would be the following weekend. In the meantime I sold my own car, arranged insurance ready for the new one etc and was looking forward to collecting it. The day before collection I received a call telling me that unfortunately an admin error had meant that the car hadn’t been marked as sold (to me) and the dealership where it was based had sold it to someone else. There was an apology and the promise of my deposit being refunded immediately, however that was no good to me as I was now without a car and had forked out for insurance changes etc.i didn’t really seem to be making much progress over the phone so I went to speak to them in person…. End result was a loan car for as long as it would take them to find another car of similar or better spec than the one I was going to buy, plus any admin costs that I might incur when I changed the insurance again .

so my suggestion would be to push them into doing the right thing for you.

[MitchT]

eccles said:

I wonder how they would react if you changed your mind after signing in the contract....

I imagine the buyer would lose their deposit. I've said it before a few years ago on these forums... the seller should have to leave a despot too and they should lose this to the buyer should they back out, the same way the buyer would lose their deposit to the seller.

[KungFuPanda]

MitchT said:

eccles said:

I wonder how they would react if you changed your mind after signing in the contract....

I imagine the buyer would lose their deposit. I've said it before a few years ago on these forums... the seller should have to leave a despot too and they should lose this to the buyer should they back out, the same way the buyer would lose their deposit to the seller.

Bit of a stupid concept you’re suggesting really. If both parties were expected to pay the same deposit, they may as well not pay each other as ultimately what would be forfeited if one party reneged?

[MitchT]

Not stupid at all. For example, each party pays £500 into some kind of holding account. If the buyer backs out the seller gets their deposit back and the buyer's deposit too. £500 compensation for being messed around. If the seller backs out, same happens the other way. Buyer gets their deposit back and the seller's deposit. £500 compensation for being messed around. Whomever the "victim" is of the other backing out of the deal is £500 up and the perpetrator is £500 down. Should focus a few minds.

[FMOB]

MitchT said:

Not stupid at all. For example, each party pays £500 into some kind of holding account. If the buyer backs out the seller gets their deposit back and the buyer's deposit too. £500 compensation for being messed around. If the seller backs out, same happens the other way. Buyer gets their deposit back and the seller's deposit. £500 compensation for being messed around. Whomever the "victim" is of the other backing out of the deal is £500 up and the perpetrator is £500 down. Should focus a few minds.

It is called an escrow, seems a lot of hassle for £500.

[MitchT]

FMOB said:

It is called an escrow, seems a lot of hassle for £500.

£500 was just an example, it could be any amount. The buyer already loses a non-refundable deposit if they back out - that doesn't seem to be "too much hassle", so why shouldn't the seller be subject to the same condition? Fair's fair!

[Starfighter]

There are remedies for a breach of contract already established and backed up by law.

In this case the OP needs to be having a grown up discussion with the dealer on the contract about what remedy they are proposing to remedy their breach of contract.
Y suggestion to the OP is to book some time with the sales manager and dealer principle and be explicit about the purpose and the expected outcome being them getting you in an acceptable alternative vehicle. Personally I would be searching the makers used list and finding some suggestions to counter the inevitable statement that there are no other cars the same.

[lancslad58]

[quote=MitchT]Not stupid at all. For example, each party pays £500 into some kind of holding account. If the buyer backs out the seller gets their deposit back and the buyer's deposit too. £500 compensation for being messed around. If the seller backs out, same happens the other way. Buyer gets their deposit back and the seller's deposit. £500 compensation for being messed around. Whomever the "victim" is of the other backing out of the deal is £500 up and the perpetrator is £500 down. Should focus a few minds.[/quotet

What if none of the parties backsdown, do they have to fight each other , pistols at dawn maybe...