BMW AUC - dealer declined to sell car after taking a deposit
Discussion
I paid a deposit over the phone for a BMW I liked at a BMW dealer in Canterbury Kent.
The car was on the AUC site as "coming soon" - I didnt see the car physically but it was the cheapest one on the AUC and had a mega mega specification. the car was at least £3k cheaper than anything equivilent - I made an offer close to the asking price (as I knew it was cheap anyway!) on Sunday and it was accepted (not the first time I have bought in this way!).
The salesman told me the car has not yet gone through the AUC process and this would be done on Monday at which stage they would give me an idea of the delivery or collection date.
I got a call today and they told me they can't sell me the car as it has failed the AUC check - they said they found previous accident damage and its not up to BMW standards so they would be sending the car to Auction.
I reckon they have realised the cost to bring the car to AUC standards would be too much - it probably needs four new tyres + more and they won't have the budget to do this as they mis priced the car in the first place! I asked the dealer principal for the AUC report but he has declined to provide me this as he said would have if he was selling the car to me but as its failed he can't provide this to me.
Anyway, they agreed to refund my deposit but the point is that they have left me without a car as my private buyer took my car on Monday afternoon as I thought we now have a car which would be delivered later this week.
They have said they would try to find me another similar car at a similar price but don't know how long this would take.
Where do I stand legally on this? I have not yet involved BMW UK but will do as I can't understand how they can take a deposit on a car which they were not sure they can sell.
If the car honesty has failed the AUC check I can't see why they would refuse to send me the AUC report! Somehow I just don't give in to what they are saying....
The car was on the AUC site as "coming soon" - I didnt see the car physically but it was the cheapest one on the AUC and had a mega mega specification. the car was at least £3k cheaper than anything equivilent - I made an offer close to the asking price (as I knew it was cheap anyway!) on Sunday and it was accepted (not the first time I have bought in this way!).
The salesman told me the car has not yet gone through the AUC process and this would be done on Monday at which stage they would give me an idea of the delivery or collection date.
I got a call today and they told me they can't sell me the car as it has failed the AUC check - they said they found previous accident damage and its not up to BMW standards so they would be sending the car to Auction.
I reckon they have realised the cost to bring the car to AUC standards would be too much - it probably needs four new tyres + more and they won't have the budget to do this as they mis priced the car in the first place! I asked the dealer principal for the AUC report but he has declined to provide me this as he said would have if he was selling the car to me but as its failed he can't provide this to me.
Anyway, they agreed to refund my deposit but the point is that they have left me without a car as my private buyer took my car on Monday afternoon as I thought we now have a car which would be delivered later this week.
They have said they would try to find me another similar car at a similar price but don't know how long this would take.
Where do I stand legally on this? I have not yet involved BMW UK but will do as I can't understand how they can take a deposit on a car which they were not sure they can sell.
If the car honesty has failed the AUC check I can't see why they would refuse to send me the AUC report! Somehow I just don't give in to what they are saying....
Edited by 6BMW on Tuesday 22 March 13:27
julian64 said:
Let me get this right. You buy a car you've never seen, which BMW checks and finds out to be accident damaged.
They save you from buying a complete pig in a poke, and you want to sue them.
I'd be writing them a thank you letter.
And I'd be asking why dealers are so desperate to stick adverts up for cars they don't even know are worthy for sale, let alone take deposits on them.They save you from buying a complete pig in a poke, and you want to sue them.
I'd be writing them a thank you letter.
What happened to preparing the car and THEN advertising it for sale?
I think a lawyer would call this a 'frustration' of the contract. There has been unforeseeable circumstances which have prevented the seller from honouring (what I assume) was a verbal contract.
Given that you're getting a refund, I'm not sure you really have much of a leg to stand on. If they can't sell you a car, then they can't sell you a car. Different story if they'd kept your deposit.
Apart from which, you sold your own car privately, so the fact you now no longer have any transport is nothing to do with them whatsoever.
IMO anyway.
Given that you're getting a refund, I'm not sure you really have much of a leg to stand on. If they can't sell you a car, then they can't sell you a car. Different story if they'd kept your deposit.
Apart from which, you sold your own car privately, so the fact you now no longer have any transport is nothing to do with them whatsoever.
IMO anyway.
Fox- said:
julian64 said:
Let me get this right. You buy a car you've never seen, which BMW checks and finds out to be accident damaged.
They save you from buying a complete pig in a poke, and you want to sue them.
I'd be writing them a thank you letter.
And I'd be asking why dealers are so desperate to stick adverts up for cars they don't even know are worthy for sale, let alone take deposits on them.They save you from buying a complete pig in a poke, and you want to sue them.
I'd be writing them a thank you letter.
What happened to preparing the car and THEN advertising it for sale?
Fox- said:
julian64 said:
Let me get this right. You buy a car you've never seen, which BMW checks and finds out to be accident damaged.
They save you from buying a complete pig in a poke, and you want to sue them.
I'd be writing them a thank you letter.
And I'd be asking why dealers are so desperate to stick adverts up for cars they don't even know are worthy for sale, let alone take deposits on them.They save you from buying a complete pig in a poke, and you want to sue them.
I'd be writing them a thank you letter.
What happened to preparing the car and THEN advertising it for sale?
I guess I would get mixed reactions about this on here and yes I sold my car privately but only after buying (placing deposit) on another with BMW! I have bought over 12 AUC's in this way over the past 5 years but this is the first time I have had to face this.
The point is - they shouldn't have taken a deposit and agreed to sell me the car if they were not sure it would pass an AUC check.
6BMW said:
Great Pretender said:
Nothing wrong with sticking an ad up. It's not legally binding in any way shape or form.
Nothing wrong wih sticking an ad up - but wrong in taking a deposit and agreeing to sell the car! You haven't been defrauded; you now have your money back. I'm not sure why you think you'd have a claim against the dealer.
OP, just get over it. Life's too short.
Either it was a wrong 'un or someone bid more.
Prepping cars before sale is a dangerous game for dealers as it's money wasted should the car stick around until its forecourt life has expired and goes back into the trade. I saw a major car supermarket try doing it and get their fingers seriously burnt.
If your current lack of car is your gripe, what would you have done if they'd said it'll take two weeks to be ready for delivery? They explained that it hadn't been checked when you called to put down a deposit, so you were aware of the risk from the outset.
Either it was a wrong 'un or someone bid more.
Prepping cars before sale is a dangerous game for dealers as it's money wasted should the car stick around until its forecourt life has expired and goes back into the trade. I saw a major car supermarket try doing it and get their fingers seriously burnt.
If your current lack of car is your gripe, what would you have done if they'd said it'll take two weeks to be ready for delivery? They explained that it hadn't been checked when you called to put down a deposit, so you were aware of the risk from the outset.
V8mate said:
Prepping cars before sale is a dangerous game for dealers as it's money wasted should the car stick around until its forecourt life has expired and goes back into the trade.
Buying unprepped cars is a dangerous game for punters as well. I've looked at a few recently - all have been well, shabby yet each time the dealer has said 'Oh its not been prepped yet, oh it'll look much better'.Will it?
As i said before I've bought at least 12 AUCs out of which probably 7 were at the coming soon stage - never had any problems with prep.
The major one I had on a 530d M Sport - there was wind noise coming from the top of the windscreen - upon inspection it was found that it had a windscreen replaced but not replaced properly
I call to the supplying dealer resulted in them sending out someone to repair this for me at home.
The major one I had on a 530d M Sport - there was wind noise coming from the top of the windscreen - upon inspection it was found that it had a windscreen replaced but not replaced properly
I call to the supplying dealer resulted in them sending out someone to repair this for me at home.
BMW AUC = wiping over with a damp rag. Anyhow, I'd be surprised if they can't come up with something else pretty quickly for you. I was after a 7 Series from one dealer who'd sold it by the time I rang them. Within 24 hours they were emailing me details of at least five alternative cars that were coming up from the BMW management pool. Unless of course it was something specialist, like an Alpina, or Individual trim etc in which case you might have a bit of a wait.
Great Pretender said:
I think a lawyer would call this a 'frustration' of the contract. There has been unforeseeable circumstances which have prevented the seller from honouring (what I assume) was a verbal contract.
It's not frustration - the seller can't be bothered to perform its part of the contract, which it could sensibly do by sourcing a similar vehicle at the agreed price.And it's not just verbal if a deposit has been paid.
My view is that you would be entitled to go and buy a similar car from a different dealer as an AUC and if it cost more, claim the difference from the dealer who is in breach of contract.
6BMW said:
Thanks, that is what I have asked for but they are having none of it...have popped an email to BMW UK
Why? Because you want to be added to their internal 'ROFL' list of bizarre customers?The car didn't meet their test of 'merchantable quality'. Now put the boot on the other foot.
You pay your deposit, go along to collect and you're amazed at the shoddy vehicle they've dared to put an AUC sticker on. Would you expect the return of your deposit? Or would you expect them to force you to buy it and send threatening emails to your mum?
i think the reality in this situation is that the used car controller 
has signed the deal off without checking with the sales manager or GM, and they've realised that they have let it go too cheap. So they've cocked on the deal. In the meantime random walk in punter has spotted said beemer and bid top dollar for it, thus convincing them that giving you the bird was the best option.
It makes a change for the dealer to be the 'cocker' here. Normally its the customer who blobs during buyers remorse.
Is there such a thing as sellers remorse?
In summary its f
king funny, and that the OP should absolutely pursue them through the courts.
Write two letters to BMW UK just to make sure they know you are serious.
Good luck and let us know how you get on.
has signed the deal off without checking with the sales manager or GM, and they've realised that they have let it go too cheap. So they've cocked on the deal. In the meantime random walk in punter has spotted said beemer and bid top dollar for it, thus convincing them that giving you the bird was the best option.It makes a change for the dealer to be the 'cocker' here. Normally its the customer who blobs during buyers remorse.
Is there such a thing as sellers remorse?
In summary its f
king funny, and that the OP should absolutely pursue them through the courts. Write two letters to BMW UK just to make sure they know you are serious.
Good luck and let us know how you get on.
I tend to agree with the others that have said I'd rather find out now and get my deposit back than find out at a later date. From what I've gathered, the car was in the 'coming soon' section? To be honest I can't see that they've done anything wrong, they've taken a deposit which means they won't sell it to anybody else and have since found fault with the car and returned the deposit.
If you'd viewed it, would you have found the accident damage? Would you rather they'd kept quiet and let you buy it?
What car was it out of interest, I've been in there a few times recently and might have seen it. Is it still being advertised on their website?
If you'd viewed it, would you have found the accident damage? Would you rather they'd kept quiet and let you buy it?
What car was it out of interest, I've been in there a few times recently and might have seen it. Is it still being advertised on their website?
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