Mercedes sold my car to someone else

gordikin

MyKeey wrote: »

If I went to a car dealer and put a deposit down on a car to pick up in a few days I'D CERTAINLY REFER TO IT AS MY CAR FROM THEN ON!

...you can refer to it as yours...but it doesn't make it so, that's the point I'm making. A deposit doesn't make it yours!

Idiophreak

gordikin wrote: »

A contract from a party that no longer owns the car...I don't think so! The dealer cannot sell a car they don't own!...so no it's not 'his'!

You've got things backward. They sold OP's car again *after* the OP had bought it. So in fact, it's the second "sale", ie the one to somebody else, that follows your logic, not the OP's.

gordikin

Idiophreak wrote: »

You've got things backward. They sold OP's car again *after* the OP had bought it. So in fact, it's the second "sale", ie the one to somebody else, that follows your logic, not the OP's.

''They sold a car...who bought it first? Let's suggest it's the guy who paid for it before the OP paid their deposit...who owns the car?

fthl

It was not the OP's car, he had a contract to purchase it, which he can sue on, but title never passed to him. He had not actually bought it, he'd only paid a deposit. Had it done so then the subsequent purchaser would not have acquired good title (unless in scotland).

KevinCJ

gordikin wrote: »

...you can refer to it as yours...but it doesn't make it so, that's the point I'm making. A deposit doesn't make it yours!

In a way it does, the fraction of the car is yours.

Read on "Consideration"

:rotfl:

KevinCJ

MyKeey wrote: »

Kevin,

I feel for you - companies will chuck all sorts of legalities if the shoe was on the other foot. And some of the people on here should be ashamed.

Just to let you know this same thing happened to a friend of mine, but he just happened to have a mate on the inside who knew what really happened... He is a bleedin good salesperson himself and haggled damn hard on a car he wanted (Porsche, not Merc, and not a Main Dealer, but a well known one). Deposit down, going through MOT and checks etc. Pick up after the weekend. Although, after the weekend when he called he found out it was 'accidentally sold' 'genuine mistake guv' 'one salesman sold to you and another sold to someone else' 'miscommunication' etc etc

What really happened was that the big boss didn't like the small profit they were getting on the hard haggle he'd done. Someone else came in at the weekend who liked it, they said someone was already in negotiations and this guy paid up full-price. What were they going to do? Say NO! nope. Just say it's all a big mistake - very sorry, give deposit back etc. Big boss is happy.

Not saying that this happened in your case - just don't be a mug - car salesman have to sell and make as much profit as poss - they've got kiddies to feed to. Just food for thought.

I agree who ever i have spoken to said the same thing.

:rotfl:

beanys

would it not make more sense to go to CAB for advice, instead of posting for advice on a forum

gordikin

beanys wrote: »

would it not make more sense to go to CAB for advice, instead of posting for advice on a forum

...you could say that about a lot of things on MSE, but CAB are actually not all knowing.

wealdroam

Clearly the OP isn't getting the answers he wanted.

Please try harder people.

pompeyfaith

This is not just breach of contract, but also a loss of bargain which is well documented on the internet and there is case law on such.

you are entitled to compensation to rectify that loss which does not just include the car but the deal as a whole plus any other losses.

http://legal-dictionary.thefreedictionary.com/loss+of+bargain

An excellent thread here although this relates to a TV the principle is the same.

http://www.legalbeagles.info/forums/showthread.php?t=15713