Car Purchase- Where do we and car Sales stand here? pls help!

davidmaiden18183

Hello,

Interesting scenario here and I wonder if anyone could help me with what are our rights and what we are obliged to. I will explain the scenario below.

My Mum is buying a new car, and chose one at a car garage (Arnold Clark leyland) for £8995 window price, we got a price for her current car part exchange of £2500 from the garage, and she agreed we would put a deposit down of £300 on the car and some paperwork was done. (not sure if these are a purchase contract)


As the part exchange price was low it posed a good opportunity for me to buy at that price and give here the money – no difference for her and I would get a cheap car for me. Obviously the retailer would probably sell it for near £4000 if not higher.

We asked at the time (and have 4 whiteness) if it was possible that if I decided to over the coming week before collection/part exchange I could choose to buy the car and we could purchase outright no part exchange. They said this was ok and we left it that we would let them know; they even said it could be sorted on collection (Friday) either way. We did indicate to them to assume it would be part exchange unless they hear otherwise, the intitial paperwork and deposit was completed with the assumption that it would be part exchanged.

I have now decided to buy my mums car as its cheap and my mum has contacted the garage early to tell them 9out of politeness). They have told her I can’t, as they have already SOLD OR CAR! i.e. “we have taken a deposit” and “the buyer has signed" something "legal binding”. They have said as much that they can’t get out of it.



To be honest their stories don’t check up and they have told us conflicting things, I think they haven’t really sold it they just realise they have messed up or are going to miss out on the profit from a part exchange.

Where do we stand? Are we bound by an agreement that we have to give them the car as opposed to paying outright? is my mum obliged to do so to buy her new car


Can they really have sold a car they don’t even have, or legally own!?! – is their agreement with their buyer valid and can not be debunked?

They are saying the buyer of the car is not having it – despite him not even seeing the car! (They have supposedly spoken to him)

Any help or thoughts would be very much appreciated as we are shaking with nerves and almost anger!

CoolHotCold

What does the paperwork say?

davidmaiden18183

I don't know as my mum has it

davidmaiden18183

I don't have the full document in front of me but I have managed to get a relevant extract extract from my mum

Point 7:-
The goods shall remain the property of the seller until the price has been disbarred in full.

Not sure if that applies to the Car being part exchanged I.e they don't own the car and can't sell ours on thus until we have paid in full for the car we are purchasing

easyhost

davidmaiden18183 wrote: »

I don't have the full document in front of me but I have managed to get a relevant extract extract from my mum

Point 7:-
The goods shall remain the property of the seller until the price has been disbarred in full.

Not sure if that applies to the Car being part exchanged I.e they don't own the car and can't sell ours on thus until we have paid in full for the car we are purchasing

the actual deposit is £2,800 ( £2,500 ptx for your mothers car and £300 cash)


"The goods shall remain the property of the seller until the price has been disbarred in full." this refers to the car being purchased

davidmaiden18183

So are you saying my mums car of £2500 will definitely have been part of the deposit? Does that mean they are allowed to have apparently taken a deposit on it and sell my mums car even before we have completed the deal for the new car

easyhost

davidmaiden18183 wrote: »

So are you saying my mums car of £2500 will definitely have been part of the deposit? Does that mean they are allowed to have apparently taken a deposit on it and sell my mums car even before we have completed the deal for the new car

yes, you've paid the deposit, so the car is promised to them as part of the deposit when the new car is ready to be collected,

so the window price of £8995 will be reduced to £6195.

if you look in local papers at car dealers ads sometimes you will see * arriving soon * this is what it refers to cars promised to the dealer as ptx

davidmaiden18183

I've just spoke to the garage and they still seem to claim that we are legally binded to give them my mums car as part exchange and that they are fully entitled to sell the car that they expect part exchanged even before we have completed the deal and handed the car over.

It just doesn't sound right.

visidigi

easyhost wrote: »

yes, you've paid the deposit, so the car is promised to them as part of the deposit when the new car is ready to be collected,

so the window price of £8995 will be reduced to £6195.

if you look in local papers at car dealers ads sometimes you will see * arriving soon * this is what it refers to cars promised to the dealer as ptx

eh? How does that work?

The deposit is £300 - if the seller was to crash the car before selling then the deal would fall through - but if the seller had a payout from the insurance I bet the garage would still deal.

Something tells me that the dealer has factored in a profit on the sale by the part ex and if you pay cash they are serious chunk of change down on the deal.

The ONLY way the car would have been part of the deposit would be if it was a finance agreement that has been signed and the part ex formed that contract.

The car is not part of the deposit - if the buyer desides to opt out of the deal they do not have to hand over thier car, they simply lose the £300 deposit.

There's no chance the car forms part of the deposit - too many variables in its true value until contracts are officially signed.

As for the coming soon moniker, these are usually dealer staff cars that are sold at the end of minimum term or cars they have purhcased at national austion and are awaiting delivery.

gordikin

Don't listen to Easyhost they are often wrong. You were told that the car or £2500 was acceptable and have witnesses to that.

visidigi

davidmaiden18183 wrote: »

I've just spoke to the garage and they still seem to claim that we are legally binded to give them my mums car as part exchange and that they are fully entitled to sell the car that they expect part exchanged even before we have completed the deal and handed the car over.

It just doesn't sound right.

They are entitled to offer it for sale, with an expected delivery date and they could take a deposit on it I guess, but that would be taken with a number of understandings in place that the deal may not complete if the car is no longer for sale or significantly not as described.

It sounds to me like the dealer has lined up the profit in the sale in the trade in and without it its not cost effective.

I would look into the numbers, if needed look into seeing if its still worth your time to lose out on the £300 deposit - it sounds like the cars worth a pretty profit over the offered trade in value...