Paid deposit for car & Garage sold it to someone else

McKneff

tealady wrote: »

The way I see it is this
Garage made a mistake by accepting your deposit on car that was already sold
They have apologised to you and will refund in full
Thats life, sometimes youre the lamp post, sometimes the dog.

:rotfl::rotfl::rotfl::T

Jeff_Bridges_hair

italiastar wrote: »

As I said no one in the garage trade is reputable -.

you talk some rubbish. I know plenty of people in the motor trade who run garages and very successfully due to them being to honest for their own good.

how dare you try and tarnish the good people under your brush of shame.


Disgusting.

hartcjhart

italiastar wrote: »

After encouraging to move on, That would P me off too. As I said no one in the garage trade is reputable - what ever the real story, they decided to sell he car to someone else despite you buying it in good faith. I wouldn't touch this place with a barge-pole, but it might be worth speaking to consumer direct about damages for the inconvenience caused and possible difference in price that you will have to pay sourcing another car. Do you have any legal cover from you car, house or roadcover - might be worth seeking advice. Just goes to show, you can't trust a car dealer.

what a load of tosh, by all means the OP can talk to consumer direct but,why waste their time,THE CAR IS SOLD,

better off talking to these peeps

http://www.samaritans.org/

pinkshoes

So long as the refund your deposit immediately, then I'd just move on, as it was only an hour!

Equaliser123

davemorton wrote: »

Would be a different matter if you had decided to not buy the car, totally one sided!!

Eh? What has that got to do with the price of cheese? OP DOES want to buy the car....

Equaliser123

italiastar wrote: »

Unfortunaately the Samaritans cant help with Contract law - I agree, the car is "sold" but he still has a contract and he should enforce it !

I agree that it is pretty poor service. But how can the contract be enforced? What loss has been suffered?

Cesc1

Know what people are saying about moving on but come on the Garage has behaved appallingly - it doesn't matter if its an honest mistake its still the same outcome for me!

Well got some legal advice which is basically this;

The question everyone asks! (Solicitor) OK, well assuming that they are actually telling the truth and they have sold to someone else, by agreeing to sell it to you when they couldn't, and then refusing to complete the contract they have breached the contract with you....

I would pursue for Specific Performance (SP) and Damages. Your are unlikely to get SP but if your loss is over £xk (which is what you are going to have to pay to get a car of similar spec) get a Solicitor involved. Any contract dispute over £5k will go to the Fast track and if you win entitle you to your legal costs back so it will be worth getting a Solicitor.

Specific Performance is an "equitable" remedy that a court could dish out forcing the garage to sell the car to you, but is not that often employed by Courts. I am not sure a Court would award this in your circumstance. The reason I don’t think they would is that (assuming a previous sale has already been agreed - and they are not just simply backing out because they think they have sold too cheaply) there is another buyer in the frame and so a Court would be unlikely to favour a subsequent buyer over a previous one. This leaves you able to sue for damages.....

Damages in this case would be costs and expenses in the garage not performing the contract. Also you could claim for loss of profit and/or loss of opportunity (especially if the vehicle is particularly rare)...

italiastar

Thank you for the update - good luck.

Jeff_Bridges_hair

italiastar wrote: »

Ok Name one and I'll use them - i've been using the trade for over 30 years and never found one that I would trust or use again!!

I dont trust most of what you say either.. Why should i name them just for you to go digging. Your tarnishing everyone with the same brush and you know they are not all the same.

Jeff_Bridges_hair

italiastar wrote: »

I said that from my experience they are all the same - that is a fact not a "brush" I'd love to use a dealer I could trust

And im thinking you may have used 5- 10 if that in your life time.. given there are more then 2000+ dealers then your claim is null and void. aswell as rubbish