Dealer backing out of deal.

[JM]

I've paid a deposit on a second hand car, from a non-franchised car dealer.
The agreement was that they would take the car of sale and get it up and running and check it over.
I would then test drive it, and if happy they would proceed in servicing it and putting an MoT on it as well as a six month warranty.

The car had sat unused for a while so the battery was flat when I first went in to see it. Also the brakes looked a bit rusted up, so probably needed freed off. That's why I didn't test drive before doing the deal, involving my trade in as well.

It was expected I would do the change today. But earlier in the week, (Tuesday) I popped in to see about the test drive, to be told that there was a problem and they needed a part to get it running properly. The part was ordered and they were waiting on it coming in, still on for change over on Friday though.

Now this morning I phoned up before heading over to check it over to be told they were not going ahead with the deal as there was a further problem with the turbo and the didn't want to spend more money on fixing that and then MoT, service and warranty as they would make no money on the deal.

They will repay my deposit in the next couple of days.

Does this sound fair enough, or since a deal was agreed should I 'force' them to complete. O even can I?

[Vaud]

Take the money back.

Sounds like they are being honest and reasonable.

What would you prefer, that they bodge the repair and you get a lemon?

[bobfett]

Vaud said:

Take the money back.

Sounds like they are being honest and reasonable.

What would you prefer, that they bodge the repair and you get a lemon?

+1.

[Sheepshanks]

Would have been nice if the OP hadn't had to do all the chasing though. Although car dealers generally seem to have 'phones that can't make out-going calls.

[Vaud]

Sheepshanks said:

Would have been nice if the OP hadn't had to do all the chasing though. Although car dealers generally seem to have 'phones that can't make out-going calls.

True. I was focusing on he outcome he wants rather the crappy communications.

[Grandad7184]

NO push ahead make him sell it to you then we can have the generic thread of ive bought a lemon can I sue

honestly good on the dealer for being honest not many are going by current thread

[Driver101]

If it has been sitting around that long obviously they couldn't sell it in the first place.

It sounds to me as if they've started work only to find issues far deeper than they originally thought.

Sounds to me as if you'd be better getting your money back and not them being forced to try and get the car running for a cheaply and as much corner cutting as possible.

I don't think they are doing the dirty on you here.

[Snowboy]

If you want to buy it without it being fixed and with no warranty they will probably offer a 'sold as scrap' deal sort of thing.

But apart from that I think they've done the decent thing.
It's better they cancel the sale rather than cut corners on repairs and then duck the warranty problems when it goes wrong.

[anonymous-user]

OP, you could not force the dealer to complete the sale. Specific performance of a contract is only ordered in cases such as land sales and sales of unique or rare things such as paintings, race horses, exotic classic cars and so on.

The most that you could claim as damages would be the difference (if any) between the price you agreed to pay and the price of buying a similar car. In real world terms, take the deposit and look for another car. If you want to be firm, ask for a bit of interest on the deposit.

[Muzzer79]

I wouldn't force them to do the deal.

However, I would make it clear that I was not happy about having to do all the chasing on this without them telling you before change-over day that it's not happening....

Use some goodwill from that on another car (but don't take the piss)

[Sheepshanks]

I'm sure it was on here that there was a recent thread saying dealers never do this sort of thing, it's an urban myth?

[CaptainSensib1e]

Take the money and run. You'd be mad if you tried to 'force' through the deal on a car that sounds knackered.

[POORCARDEALER]

Is it a low value purchase?

[Jasandjules]

I am going to assume that the car is both cheap and quite common i.e. not a rare classic. If so, take the deposit and continue your search. It is annoying but better than buying a car that will cause you more hassle.

[JM]

Thanks for all the replies.

Pretty much the replies I was expecting, and I wasn't really going to 'force' them to complete the deal. But I have made some enquiries and the problem might not be as bad as they think.

It's a turbo actuator problem. They say, or say they have been told it needs a new turbo, and they don't have the budget in the deal to fit a new one as well as other things, so have said they will take it to the auctions to get rid of it. It has sat on their forecourt for a couple of months and the price has been reduced by £2000 in that time.

So I'm now wondering if I could offer them a non warranty deal to take it off them and get it fixed myself.

[andymc]

No such thing as a trade sale as you are not trade I'm afraid, many is the time people have asked me for money off and stated they would treat it as a "trade sale" with no come backs, I wouldn't do it then and certainly not now with people more internet savvy

[Cooperman]

Ask them how much they want for it on a 'Spares or Repair' basis.

[Red Devil]

JM said:

It's a turbo actuator problem. They say, or say they have been told it needs a new turbo, and they don't have the budget in the deal to fit a new one as well as other things, so have said they will take it to the auctions to get rid of it. It has sat on their forecourt for a couple of months and the price has been reduced by £2000 in that time.

From the second sentence it sounds like they don't know much about this particular car. Is it Jap? Actuator issues are not that uncommon and, if that IS the only issue here, it shouldn't need the entire turbo replacing. Been there: done that.

JM said:

So I'm now wondering if I could offer them a non warranty deal to take it off them and get it fixed myself.

Nothing whatever to stop you making such an offer. They might not accept though in case it created issues for them within the next 6 months.

[rehab71]

Red Devil said:

JM said:

It's a turbo actuator problem. They say, or say they have been told it needs a new turbo, and they don't have the budget in the deal to fit a new one as well as other things, so have said they will take it to the auctions to get rid of it. It has sat on their forecourt for a couple of months and the price has been reduced by £2000 in that time.

From the second sentence it sounds like they don't know much about this particular car. Is it Jap? Actuator issues are not that uncommon and, if that IS the only issue here, it shouldn't need the entire turbo replacing. Been there: done that.

JM said:

So I'm now wondering if I could offer them a non warranty deal to take it off them and get it fixed myself.

Nothing whatever to stop you making such an offer. They might not accept though in case it created issues for them within the next 6 months.

I don't think the dealer would do that as you're still covered under SOGA and you could cost him a fortune, more hassle than it's worth fir him. IMO

[JM]

Red Devil said:

JM said:

It's a turbo actuator problem. They say, or say they have been told it needs a new turbo, and they don't have the budget in the deal to fit a new one as well as other things, so have said they will take it to the auctions to get rid of it. It has sat on their forecourt for a couple of months and the price has been reduced by £2000 in that time.

From the second sentence it sounds like they don't know much about this particular car. Is it Jap? Actuator issues are not that uncommon and, if that IS the only issue here, it shouldn't need the entire turbo replacing. Been there: done that.

It's a Land Rover Discovery and has been checked by Land Rover who have said it needs a new turbo.

At least that's what the dealer is telling me.