help with a main dealer urgently required

pneking

guys,

i put a deposit down over the phone on a second hand car from a main dealership, they descibed the car to have one scratch and if it wasnt as they said, i could have my money back, when i viewed the car, the alloy wheels were a disgrace, so i demanded back my deposit, they said we will refurb them and continue with the deal, but i am not happy and want out! i also refused to sign the purchase contract

could someone please tell me what my rights are and where in stand?

Inactive

Why did you pay a deposit on a car that you hadn't even seen?

Why not just view the car and then make a decision?, I fear you may struggle to get your deposit back, especially as they have agreed to reburbish the wheels, which appears to be the only reason that you don't weant the car.

Volcano

I'm sure this is the second or third post in so many weeks from someone who's agreed to buy a car without seeing it, then finding out that it isn't what they expected. This has to be a car salesperson's dream scenario.....

I'm guessing that any other reasons you may have for not wanting to buy the car will also be swiftly dealt with by the dealer.

Lemonade_Pockets

Well they essentially have no legal right to keep your deposit.

However what they can legally do and what they do can be two different things. Demand your deposit back as the car is not as agreed, explain to them politely that they have no right to keep and keep going higher until they return the money.

On a moral note you have agreed to purchase a car which i'm assuming was as described bar the alloy wheels. I'm also assuming you nor the vendor mentioned the wheels during the initial conversation.

So you view the car, your only objection is the state of the wheels which they agree to rectify so what is your reason for pulling out? In gentleman's terms a deal is a deal.

N.b. In most cases a salesman will not receive any recognition financially or otherwise for keeping a deposit on a canceled sale.

Premier_2

Lemonade_Pockets wrote: »

Well they essentially have no legal right to keep your deposit....

Yes they have. By paying the deposit a contract was formed.

They could even go on to sell the car for the best possible price and if that was below the price agreed with the OP, they could sue for the difference (less the deposit, plus the costs) :eek:

Lemonade_Pockets

Premier wrote: »

Yes they have. By paying the deposit a contract was formed.

They could even go on to sell the car for the best possible price and if that was below the price agreed with the OP, they could sue for the difference (less the deposit, plus the costs) :eek:

Jumping the gun a bit are you not. The only specific clause in the "formed" contract was if it wasn't as described then the deposit would be refunded.

The car was technically not as described therefore the OP is entitled to the deposit to be returned.

While we are on the subject it could probably be argued that the OP did not intend for the deposit to be legally binding (with respect to performing the contract) rather acting as a holding deposit until such time as they could view the car. Therefore which ever way you cut it the dealership is not legally allowed to retain it.

motorguy

alloy wheels often suffer from kerbing. They'll be able to refurbish them and have agreed to do so, so whats the problem?

If they'd done it before you turned up, you'd have been none the wiser?

jack_spratt_2

I may be wrong but I thought under the distance selling regulations you had a cooling off period anyway

From the OFT website

Distance Selling Regulations

If you sell goods or services to consumers by:

• the internet
• digital television
• mail order, including catalogue shopping
• phone
• fax

then you need to know about the Consumer Protection (Distance Selling) Regulations 2000.
The key features of the regulations are:

• you must give consumers clear information including details of the goods or services offered, delivery arrangements and payment, the supplier's details and the consumer's cancellation right before they buy (known as prior information)
• you must also provide this information in writing
• the consumer has a cooling-off period of seven working days.

Premier_2

Lemonade_Pockets wrote: »

Jumping the gun a bit are you not. The only specific clause in the "formed" contract was if it wasn't as described then the deposit would be refunded.

The car was technically not as described therefore the OP is entitled to the deposit to be returned.

While we are on the subject it could probably be argued that the OP did not intend for the deposit to be legally binding (with respect to performing the contract) rather acting as a holding deposit until such time as they could view the car. Therefore which ever way you cut it the dealership is not legally allowed to retain it.

The car will be supplied as per the contract (as far as we can tell by the OP's post)

What the OP intended, and the legal position formed may be two very different things, granted (since I'm no mind reader) - I only state the legal position based on the OP's post.

Lemonade_Pockets

It is quiet clear from his post that he did not intend to be legally bound to buy the car by leaving a deposit. (Whether that was a foolish intention is a different matter).

Among other things a contact is only valid if both parties intend to be legally bound by it.

In this scenario i don't think there was any clear contract formed, the stipulations that were in place where broken anyway.

So i don't see how the Dealership could ever make it stick.

After all if it was as simple as your making out, there would be no need for the sheafs of paper a dealer gives you with all the T+C's attached to the order form. They would simply take your deposit and then form a orderly queue at the small claims court to sue everyone that canceled :-S

Lemonade_Pockets

jack_spratt wrote: »

I may be wrong but I thought under the distance selling regulations you had a cooling off period anyway

From the OFT website

Distance Selling Regulations

If you sell goods or services to consumers by:

• the internet
• digital television
• mail order, including catalogue shopping
• phone
• fax

then you need to know about the Consumer Protection (Distance Selling) Regulations 2000.
The key features of the regulations are:

• you must give consumers clear information including details of the goods or services offered, delivery arrangements and payment, the supplier's details and the consumer's cancellation right before they buy (known as prior information)
• you must also provide this information in writing
• the consumer has a cooling-off period of seven working days.

haha good point, well presented!!!