Paid deposit for car & Garage sold it to someone else

Equaliser123

Cesc1 wrote: »

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)...

OK, if your solicitor is even mentioning specific performance then they have no idea what they are on about.

Specific performance is an equitable remedy. The Courts have held that equitable remedies are not available when common law remedies would be adequate. In short, if damages are adequate (and unless the car is a total one-off, they would) then an order for SP would not be granted.

Sheesh. As a solicitor myself, I am sometimes ashamed by the carp that members of my profession utter.

Equaliser123

italiastar wrote: »

Thank you for the update - good luck.

Back room lawyers can now go to bed!

I think the expression is "barrack room lawyers" and some actual lawyers are still up.

If_it_can_go_wrong

I would take the refund of the deposit and depending on my instinct with the company, either put it down to a genuine error, or be grateful that you are not dealing with a company that would puposely do this to a customer.

Either way I would move on and find a car at another dealer, and tell anyone else of your experience with this particular company.

If a car cannot be found at the same value, then I would assume that is why the deal has not gone through. "Too good to be true". I know it is annoying but not worth the stress of further chasing.

Good luck in finding another car.