Late delivery of new car
Discussion
My brother ordered a new car in early March, paying a £500 deposit, and was given a 12 week delivery date.
Since then the build date has been delayed twice, the dealer quoting high demand.
They're now saying it will be built week 30 with delivery 3 weeks later.
He is now getting a bit fed up and wanting to cancel, but the dealer is saying he will lose
his deposit.
Can he cancel, due to late delivery, whilst not losing his deposit?
The dealer says they're not bothered because they will be able to sell the car on and keep
his £500.
Is this right?
Since then the build date has been delayed twice, the dealer quoting high demand.
They're now saying it will be built week 30 with delivery 3 weeks later.
He is now getting a bit fed up and wanting to cancel, but the dealer is saying he will lose
his deposit.
Can he cancel, due to late delivery, whilst not losing his deposit?
The dealer says they're not bothered because they will be able to sell the car on and keep
his £500.
Is this right?
I think a delivery date for a new vehicle is in no way a promise, more of an approximation. There is a window that the car has to be supplied in before it can be cancelled. (Could be a month after the date) It's probably different for each manufacturer.
I would have thought it stipulates this on the order form he should have had that states the delivery date
I would have thought it stipulates this on the order form he should have had that states the delivery date
Edited by T0M on Wednesday 9th June 15:02
Did he write "timely delivery is the essence of the contract" on the order?
I would imagine not, and they probably wouldn't accept his order if he did, so he's a bit stuffed.
Someone posted recently that when they worked in a dealership, legal advice was that they could never keep the deposit, but I can't recall hearing that before.
Does any other country wait for cars like we do? In the US, you drive in in your old car and drive out in a new one an hour or two later.
I would imagine not, and they probably wouldn't accept his order if he did, so he's a bit stuffed.
Someone posted recently that when they worked in a dealership, legal advice was that they could never keep the deposit, but I can't recall hearing that before.
Does any other country wait for cars like we do? In the US, you drive in in your old car and drive out in a new one an hour or two later.
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