Approved used dealer sold car twice

Approved used dealer sold car twice

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TheDrownedApe

1,036 posts

57 months

Tuesday 2nd April
quotequote all
rockford22 said:
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.
My perfect garage there, decent EV and weekend long range 2 seater (and my choice). Just need my son to move out so i get the drive space back. Good luck OP.

PurpleTurtle

7,016 posts

145 months

Tuesday 2nd April
quotequote all
rockford22 said:
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.
Glad to hear you are getting it sorted.

As someone who works on the back end of an OEM's AUC process I have seen this happen a couple of times over the last two decades. On both occasions it was solved by the dealer and OEM working together to schmooze the offended customer i.e. you.

Source an (almost identical) car, make the numbers stack up, provide some kind of goodwill gesture (free service, voucher for a spa day/round of golf, , whatever) that genuinely tells you they are sorry for the mistake and they give a toss.

A bid of human interaction instead of "sorry, cumputer said no" goes a long way in developing brand loyalty.

119

6,364 posts

37 months

Tuesday 2nd April
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havoc said:
119 said:
Sheepshanks said:
119 said:
All this over a car that hasn't even been bought?
confused 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.
Glad you are so sure of that.

Anyway, that wasn’t really the point I, and others here was making.

You can either waste a reasonably large portion of your life and sanity fighting it, or moving on.

End of discussion.


PhilkSVR

869 posts

49 months

Tuesday 2nd April
quotequote all
rockford22 said:
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.
Great news glad you had it sorted and that the dealer dealt with you appropriately.

loskie

5,242 posts

121 months

Tuesday 2nd April
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Anyone that says "end of" or "end of discussion" comes across as a right winker.

119

6,364 posts

37 months

Tuesday 2nd April
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loskie said:
Anyone that says "end of" or "end of discussion" comes across as a right winker.
Agreed.




Good for you op, glad you are all sorted.

thumbup

snuffy

9,792 posts

285 months

Tuesday 2nd April
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119 said:
He had paid a minimal deposit, and has been fully reimbursed.

If he had paid full ticket price then fair enough.
I'd not say £5k was a minimal deposit.

BertBert

19,068 posts

212 months

Wednesday 3rd April
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Starfighter said:
he 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.
Just for clarity the established remedies you are taking about are for costs? What about the loss of bargain?