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

davidmaiden18183

gordikin wrote: »

You said that the salesman agreed you could trade the car or pay £2500 in front of 4 witnesses Y/N

It was a new girl (about a month in the trade) that was dealing with us. We asked her that question, and she went to speak to another more senior salesperson to see if that possible, she came back and said he says yes that is ok or words to that affect. It's is that senior salesperson that has now 'sold' our part exchange vehicle, and is much as say that the above wasn't agreed.

The whitnesses being my mum, dad, me and girlfriend. The girl herself may agreed if she isn't going to change her story

davidmaiden18183

Flyboy152 wrote: »

Then you have three choices:

1. Do as they ask and sell them the car.

2. Renegotiate the deal and ask for more money for the part exchange, or more money off the car.

3. Walk away, get your deposit back and buy a car from elsewhere.

I am aware of those options but I feel those are options only if we can't lever them to do what they originally agreed, at the moment they say the can't- holding us to what we signed (thought another means of purchase was agreed acceptable above what was signed) and also them saying they can't get out of my mums current car they have sold- I want to prove they can't (as they don't own it) or that they haven't actually sold it by any means binding as that would be against I.e. Sale of goods act etc (after all it's maybe all a bluff and they haven't even a buyer, they just want to have it to resell and gain more profit)

...then if with no leverage we can consider these options. As for option 2. I doubt we could renegotiate when we are supposedly signed up to an agreement.

fthl

there are a number of different issues here:

Can the dealer sell your mums car before they own it - yes. But it would be at their risk. Just because they sell it doesn't mean you are also obligated to sell it to them. If it were stolen then the contract would be frustrated and they'd be stuck. Whatever deals they have done are almost completely irrelevant to your problem and your contract with them.

I suspect that this isn't about a resale of your mum's car, this is about the profit in the deal. I reckon most of it is coming from the p/x.

If you back out of the deal they might be able to sue you for their losses, but the issue of damages is really quite murky, especially as you are offering to complete the deal in cash and to pay them the value they assigned to your mum's car. I think they might struggle to prove a loss if they sued for breach of contract. Make sure you have put it in writing that this is what you are willing to do, and that this was agreed at the time. this way if you don't complete the deal you can argue that it is the company that obstructed it and refused, and you could therefore claim against them; you could sue for your losses, or at least threaten to. It is all a bit technical though. In your situation I think this is perhaps what I might do, go on the offensive. You agreed a contract with them, paid a deposit and they are attempting to repudiate the deal. If they don't go through with the deal as agreed, then you'll buy elsewhere. You'll sue for the deposit and if you don't get as favourable deal elsewhere, then tell them you'll sue for that too.

As the buyer, in this market you are in a strong position, there are plenty of these motors around and I'm sure you could get a similar, if not better deal elsewhere. Also check the accounting date for the company, if it is the one I just had a look at then the half year is at the end of this month. String them out for a couple of weeks and I'm fairly certain the deal will be accepted or sweetened to hit their half year figures.

Flyboy152

But they can't sell something they don't own. If they have agreed to sell something they don't own, that is their problem, not yours. What will they do if you don't sell them the part exchange?

davidmaiden18183

Flyboy152 wrote: »

But they can't sell something they don't own. If they have agreed to sell something they don't own, that is their problem, not yours. What will they do if you don't sell them the part exchange?

My guess is hold us to what we've signed and say we agreed to give them them the car and that's no good

Flyboy152

davidmaiden18183 wrote: »

My guess is hold us to what we've signed and say we agreed to give them them the car and that's no good

How? Would they come around and take the car from you?

davidmaiden18183

Flyboy152 wrote: »

How? Would they come around and take the car from you?

No but they'd take the £300 and we'd have no new car. It's an automatic as well and there really isn't that many around unlike manuals

davidmaiden18183

shaun_from_Africa wrote: »

Another thing to remember is that in many cases verbal agreements can be as legally binding as written ones, especially as in this case when there are a number of witnesses to what was agreed with regards to cancelling the part exchange.

How so? How would I be able to use that to support me, who would I have to direct the testimonies to against to up against the sales company

Flyboy152

davidmaiden18183 wrote: »

No but they'd take the £300 and we'd have no new car. It's an automatic as well and there really isn't that many around unlike manuals

In which case, you sue them in the small claims court for three hundred pounds. They will then have to consider, whether going through all of that, is worth the three hundred pounds.

Flyboy152

davidmaiden18183 wrote: »

How so? How would I be able to use that to support me, who would I have to direct the testimonies to against to up against the sales company

The samll claims court.