Advice on a car purchase

onlythelonely_2

Hopefully one of you helpful folk can offer some advice.

I went to an Arnold Clark dealer last Sunday and signed a document whereby I agreed to part exchange my car for one of their cars. My car was worth more so they have agreed to pay me £700. I have paid a £100 deposit.

I was going to pick up the car on Wednesday, but they rang me to tell me that it was in worse shape than they thought and they've had to spend money doing work on the car.

Because of this I am now not keen to go through with the purchase. If I lose my £100 deposit so be it, but can they pursue me to buy / part ex my car because I've signed? There is a clause in the contract which states:

If the purchaser shall fail to take and pay for the goods within 14 days of notification that the goods have been completed for delivery, the seller shall be at liberty to treat the contract as repudiated by the purchaser and thereupon the deposit shall be forefited without prejudice to the seller's right to recover from the purchaser by way of damages and loss or expense which the seller may suffer or incur by reason of the purchaser's default.

Does this simply mean all they can do is take my deposit if I pull out of the deal, or can they come after me for more? Quite worried about this so would really appreciate your advice. Thanks in advance.

harveybobbles

It's basically saying you will loose yer deposit if you turn round and say you dont like the car etc... But seeing as they have phoned you to say "It's in worse shape then they thought" then I think if you said you didnt want to go ahead with the deal then you chould/should ask for your deposit back.

However, did they say what was wrong with the car...?

onlythelonely_2

Harvey, thanks very much for the advice, especially as you're a dealer.

It needed a new gear link cable or something along those lines. They rang me on Wednesday when I was at work, explained it needed the work, that they were going to cancel the sale but in a 'goodwill act' would pay for the work (apparently £700 worth). I rang today to see if I could pick up the car and it still isn't ready. I just don't have a good feeling about it.

I know full well that I'm really going to p@ss them off, especially as they've paid for this work but, as I say, I just don't have a good feeling. I have absolutely no probs with them keeping my £100, I just don't want to be pursued for any money.

That wording to me sounded like they could come after me for the remainder Harvey, is that not the case in your eyes?

onlythelonely_2

Blimey, just done a search and 'getting deposit back?' threads seem very common!

I have no interest in getting the deposit back - I signed the sheet and paid the money without doing a proper check. But doesn't anyone else know if they can legally force me to purchase the car or pay over any further money?

harveybobbles

I'd be surprised if they got arsey about it cos they'd have to make the car roadworthy under the SOGA anyway. Whether it was you, me or the next person buying it. The fact it needs £700 spending on it is regardless of who buys it.

Gear linkage? hmmmm is it a Vauxhall Corsa by any chance? Lol.

onlythelonely_2

Close - a Saab!

Sorry to try and pin you down Harvey, but if they were arsey enough could they come after me for more cash, in a legal sense?

harveybobbles

Saab - oh god. What engine and how old...?

They could come after you for money, but I don't see why they will. You could quite rightly point out that the car wasnt fit for the purpose it was intended to under the Sale Of Goods Act, so they can sod off, really...!

onlythelonely_2

harveybobbles wrote: »

Saab - oh god. What engine and how old...?

2005 1.9 diesel. Not good?!

harveybobbles wrote: »

They could come after you for money, but I don't see why they will. You could quite rightly point out that the car wasnt fit for the purpose it was intended to under the Sale Of Goods Act, so they can sod off, really...!

I just thought they might be arsey because they were paying for all this work to sell it to me rather than, as they put it, "flog it at auction". Sounds from what you're saying though that they couldn't flog it at auction if it needed a new gear linkage?

harveybobbles

onlythelonely wrote: »

2005 1.9 diesel. Not good?!

Oh god...





Put some money to one side for when the following things fail...

EGR valve.
Map Sensor.
Manifold.
Manifold flaps.
Turbo.
Dual Mass Flywheel.
Rear suspension arms.

they're the most common thing that fail on them. We sell about 6 of these Saabs a month and usually they come back in dribs and drabs for warranty work...

Yes, they offer good value for money and you wouldnt get a a similar spec, age an mileage Audi or BMW diesel, but for the £3000 you save buying a Saab diesel will be spent putting it right.

onlythelonely_2

Well that's food for thought, thank you!

I think I may pull out then. I'm still pretty scared they will come after me, but I'll give it a whirl...

harveybobbles

Try googling "Saab 1.9 manifold problems".

The part of 400 quid to the trade, god knows what they retail at! Then it's a the best part of a mornings job to do!