Approved used dealer sold car twice

[BertBert]

Starfighter said:

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

Would you care to elaborate what they are in this case? I don't see it anywhere near as clearly as you describe.

[maniac886]

OP if you end up getting a refund also ask the manufacturer's finance company to remove the hard credit check as this may have an impact on your credit score should you decide to finance elsewhere.

[LimmerickLad]

eccles said:

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

Indeed

[Simpo Two]

lancslad58 said:

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

MitchT said:

.. the seller should have to leave a despot

Perfect - the despot can do the fighting

[FMOB]

MitchT said:

Fair's fair!

NEWSFLASH!!! Life isn't fair.

These contracts are never equally balanced hence why there are laws that help balance the scales better.

If the dealer was playing fair, they would have been proactive and offered a decent resolution as part of the initial contact rather than throwing the problem over the wall leading to a potentially protracted / painful resolution.

I would suspect the dealers starting point is for the OP to just go away and a refund will turn up sometime in the future.

[Hondashark]

FMOB said:

NEWSFLASH!!! Life isn't fair.

These contracts are never equally balanced hence why there are laws that help balance the scales better.

If the dealer was playing fair, they would have been proactive and offered a decent resolution as part of the initial contact rather than throwing the problem over the wall leading to a potentially protracted / painful resolution.

I would suspect the dealers starting point is for the OP to just go away and a refund will turn up sometime in the future.

And most punters will just walk away at no cost to the dealer so why wouldn't they try it!?

[lancslad58]

Hondashark said:

FMOB said:

NEWSFLASH!!! Life isn't fair.

These contracts are never equally balanced hence why there are laws that help balance the scales better.

If the dealer was playing fair, they would have been proactive and offered a decent resolution as part of the initial contact rather than throwing the problem over the wall leading to a potentially protracted / painful resolution.

I would suspect the dealers starting point is for the OP to just go away and a refund will turn up sometime in the future.

And most punters will just walk away at no cost to the dealer so why wouldn't they try it!?

I agree, most people would but some people seem to think that they should get some sort of compensation for all lifes missfortunes however small.

[Griffith4ever]

lancslad58 said:

Hondashark said:

FMOB said:

NEWSFLASH!!! Life isn't fair.

These contracts are never equally balanced hence why there are laws that help balance the scales better.

If the dealer was playing fair, they would have been proactive and offered a decent resolution as part of the initial contact rather than throwing the problem over the wall leading to a potentially protracted / painful resolution.

I would suspect the dealers starting point is for the OP to just go away and a refund will turn up sometime in the future.

And most punters will just walk away at no cost to the dealer so why wouldn't they try it!?

I agree, most people would but some people seem to think that they should get some sort of compensation for all lifes missfortunes however small.

I think you've missed his point - he meant why wouldn't the DEALER try it. Unless I'm being thick?

I would not "walk away" after being majorly inconvenienced and out of pocket. It's not about "compo face" - it's about getting what you paid for. The meek won't inherit the earth, I will ;-)

[Hondashark]

Griffith4ever said:

lancslad58 said:

Hondashark said:

FMOB said:

NEWSFLASH!!! Life isn't fair.

These contracts are never equally balanced hence why there are laws that help balance the scales better.

If the dealer was playing fair, they would have been proactive and offered a decent resolution as part of the initial contact rather than throwing the problem over the wall leading to a potentially protracted / painful resolution.

I would suspect the dealers starting point is for the OP to just go away and a refund will turn up sometime in the future.

And most punters will just walk away at no cost to the dealer so why wouldn't they try it!?

I agree, most people would but some people seem to think that they should get some sort of compensation for all lifes missfortunes however small.

I think you've missed his point - he meant why wouldn't the DEALER try it. Unless I'm being thick?

I would not "walk away" after being majorly inconvenienced and out of pocket. It's not about "compo face" - it's about getting what you paid for. The meek won't inherit the earth, I will ;-)

Correct why wouldn't the dealers not try and face up to their responsibilities if they can save some money.

I'd put some money on it being financially beneficial for the company or the salesman to sell that car to someone else and then blame it on "admin error".

[Starfighter]

BertBert said:

Starfighter said:

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

Would you care to elaborate what they are in this case? I don't see it anywhere near as clearly as you describe.

The breach of contract is simple enough. OP has a contract with a dealer to supply a specific car. The dealer cannot do that and is in breach of that contract.

The remedy for breach of contract is financial in the vast majority of cases though a court could force the contract to be fulfilled. In this we can assume that the car has already gone to the new (other) buyer and is not unique so fulfilment is not an option.

The OP has or will incur costs associated with the breach of the contract. This could include having to find another car, paying more for an equivalent, insurance fees etc. These can be quantified and claimed for. Ultimately, if the OP and the dealer on the contract cannot agree a settlement then a court could determine how the case will be settled..

As stated above I would be having a meeting with the sales manager and dealer principle and asking them the simple question on what they intend to do now. I would keep the legal options in my back pocket and be looking for an alternative car as it would be the quickest and easiest solution all round.

[119]

All this over a car that hasn't even been bought?

[CanAm]

119 said:

All this over a car that hasn't even been bought?

Bear in mind the OP had a contract for the purchase of the car and said, "my old car has already been sold (on basis of this replacement vehicle being a done deal)."
Seems fair to me that the OP is a bit miffed.

[119]

CanAm said:

119 said:

All this over a car that hasn't even been bought?

Bear in mind the OP had a contract for the purchase of the car and said, "my old car has already been sold (on basis of this replacement vehicle being a done deal)."
Seems fair to me that the OP is a bit miffed.

Well thats understandable but the amount of effort that he will need to go to seems way out of proportion to just moving on and finding another car. I doubt it was that exclusive!

[Hondashark]

119 said:

Well thats understandable but the amount of effort that he will need to go to seems way out of proportion to just moving on and finding another car. I doubt it was that exclusive!

Yeah a phone call to the dealer reminding them that they now need to find him a replacement is waaaaay too much work.
Much easier to just wash your hands and do all the replacement finding yourself.

[CanAm]

119 said:

Well thats understandable but the amount of effort that he will need to go to seems way out of proportion to just moving on and finding another car. I doubt it was that exclusive!

Indeed, he did say, "it's nothing special".

[rockford22]

OP again.

After discussions today the dealer has sourced a near like for like car and we are now working through the new paperwork. I'm not a fan of the colour but in the interest of just getting it delivered we are going ahead. Dealer has been fairly good today and working as fast as they can to resolve.

For those interested the car is a Polestar 2 Dual Motor. As I said, nothing petrol heady and will be replacing an Ftype V8R as my daily driver (Love the V8 but 15k miles a year in it seemed a waste). I'll probabaly end up getting a Z4 3.0Si Coupe to run alongside the EV it for nice days.

Cheers all for the input.

[CanAm]

Glad to hear things are being sorted for you without having to get nasty with the dealer.

[Sheepshanks]

119 said:

All this over a car that hasn't even been bought?

He had bought it. That's kinda the point.

[119]

Sheepshanks said:

119 said:

All this over a car that hasn't even been bought?

He had bought it. That's kinda the point.

He had paid a minimal deposit, and has been fully reimbursed.

If he had paid full ticket price then fair enough.

[havoc]

119 said:

Sheepshanks said:

119 said:

All this over a car that hasn't even been bought?

He had bought it. That's kinda the point.

He had paid a minimal deposit, and has been fully reimbursed.

If he had paid full ticket price then fair enough.

He had a contract. Giving someone their deposit back is NOT fulfilling the agreed upon contract. That's what matters under law. End of discussion.