Chose car, paid deposit, might want to cancel

guygamps

Hello

On Thursday 2nd July I test drove a car. It is a used car from a well established firm (trade sale not private). The car is very rare, quite a classic, 15 years old, one of perhaps 100 of its spec built, and therefore more expensive than a standard spec of same model.

The seller is a trader specialising in these vehicles, indeed he has a large number in stock, though only one of the spec I chose.

The seller wouldn#'t move on price, due to the rarity of the vehicle, however I negotiated as follows (included in the price):

several thousands pounds worth of preparation work, including some panel re-sprays and general maintenance work normally due on a car of this age.

photos to be taken and e-mailed to me along the way, before/after each piece of work so I could see the work in progress.


We shook hands on the deal, and next day I paid a £1000 deposit over the phone using a credit card.

Also next day, (same phone call), I asked for a bill of sale detailing the order (including the additional works agreed) and showing £1000 paid, this hasn't arrived.

I followed up with a second call on Wednesday 8th to get the VIN number(so I could do a full vehicle check) and asked again about a bill of sale ... but still had nothing.

Nor have I had any photos, none, zilch, zero... emailed to me.

By Friday 10th, I started to get cold feet

I realised the car was priced VERY high compared to standard specifications of same make/model (of which same trader has a few). (yes I know.... should have done my research first)...

I have not had the bill of sale, nor any photos sent to me via email, so feel that the quality of communications is not good, and indeed I need these since the bill of sale forms our contract, and the photos are the evidence that the agreed work (much of it to the "oily bits" you can't see) is being done, and allows me to see that contact is being kept to.

I emailed my concerns to the vendor on Friday 10th, so far heard nothing back, phoned today and left a message at 2pm, not had a call back either.

So... can I back out? hows the best way to do that? how do I get my deposit back?

its such a shame, it s a lovely car, and I am quite prepared to pay a premium for it, but not the size of mark up he is asking. Mind you... he could possibly "bring me round" if he showed me what works are being done, and generally responded to me more professionally, but the lack of comms is worrying.

thoughts please

LinasPilibaitisisbatman

you cannot pull out because you have now realised you are paying too much.

I would also imagine given work has been done for you they could keep the whole deposit quite easily.

guygamps

but are they not in breach of contract by not following agreed procedures. Indeed without a bill of sale, we have no contact do we?

LinasPilibaitisisbatman

Contracts are verbal also.

Prove they promised to provide the pictures can you?

bbelt

a deposit is an agreement to purchase.

if you pull out, you will lose it.

Takoda

Linus is a troll guygamps.

He'll continue to bait you and ask you pointless questions while always taking the side of the retailer no matter what you say to him.

You'd be better off posting this in the motoring forum or asking a mod to move it. You'll get more sensible answers there. Some unhelpful ones will be among them because this is MSE but there will also be some good ones.

Good luck.

guygamps

Thanks..

Moderator... can you move this thread?

Just so you know, the Vendor has still returned my call of yesterday 2pm, nor answered my e-mail of last Friday, nor sent me a billl of sale, nor any photos.


GUY

LinasPilibaitisisbatman

Guygamps

Whether you like it or not you agreed to purchase the car at that price. Terms are they repair the car in some ways and provide pictures.

If it was to go to court you would have to prove some sort of breach of contract. Pictures are quite unusual terms so I doubt a court would invalidate and return the deposit without proof of this term.

If the repairs arent done, delivery date missed or car faulty then you have more of a chance.

You wont get out of the contract and keep your deposit just because there are no pictures or poor communication.