Used Car Sale - Terms & Conditions

GemBee_2

Hi

I am hoping someone can help me.

Yesterday I went to a garage to part exchange my car for a new one. We left a £500 deposit with them. We signed a receipt to say we were leaving the deposit and would pay the rest when picking up the car.

This morning I went to move my car (it has been off the road for a few months) and it wouldn't start. It was towed to a garage and it has a cracked piston resulting in low compression so we are looking at a new engine!

I called the garage where we were buying the new car from to explain that we would have to cancel the car as we cannot offer ours as part exchange anymore.

I asked about the despoit and I was told that as we signed a contract I wasn't entitled to it back. There were never any terms or conditions to the contract so I cannot see how they can say that.

Can anyone offer any help?

Outpost

Perhaps I'm being obtuse, but isn't this exactly how a deposit works?

GemBee_2

My point is that we didn't sign a contract and there are no terms and conditions to say that we cannot get out deposit. Most legitimate companies offer a cooling off period. I understand they would have taken the car off the forecourt and potenially missed an opportunity of sale so am prepare to pay a small fee. However the car was sold for a grand total of 3 working hours! Not a whole lot really.

shaun_from_Africa

But surely there must have to be something written into the contract stating if the deposit is refundable or not, otherwise the seller is attempting to impose terms of which the OP wasn't informed about.

k3lvc

What were the terms of offering yours as part-ex ? Was it unseen by the garage and are there any terms i.e. must be running/roadworthy/MOT'd etc etc

As long as you've not mis-represented it will they not still take it ?

ThumbRemote

As things stand you are backing out of the deal, so they can withhold your deposit.

If you were to take your old car into the garage, fully prepared to pay the balance and drive away in the new car, the garage will (presumably) try to back out of the deal. In this case they are pulling out, so you can insist on your depost back or that they go ahead with the contract. If you want to really push it you could claim they agreed to buy your car for a fixed price and that contract still stands, there was nothing in writing to say that your car must remain working.

GemBee_2

There are absolutely no terms and conditions which is why I don't understand how they can refuse it.

They haven't seen the car, as of yesterday we thought the car was ok! It wasn't until we tried to move it that we realised it was so knackered. I called them straight away and they have said that they still want to give us £4000 for a car that is about to be classed written off!

I told them that there is no way they will see that through when they realise the cost of the damage so I thought it best to pull out asap to avoid them the opportunity of selling the car to someone else.

shaun_from_Africa

It was towed to a garage and it has a cracked piston resulting in low compression so we are looking at a new engine!

Which for you would be very expensive to get done.
However, the garage that was going to accept it in part exchange could probably get it done at a fraction of what you would have paid.

I thought it best to pull out asap to avoid them the opportunity of selling the car to someone else.

But unless you physically scrap the car yourself, the chances are that it will get fixed and sold on anyway.
If you were offered £4000, it must be in reasonable condition (apart from the engine damage), so sooner or later it will be repaired and resold.

Gothicfairy

I am sorry but did I miss something ? They offered you 4k for a non runner and you turned them down ? Why ?

They will get their guy to fix it and no doubt it will be turned around within a day or so and sold for more then they paid you and the cost of fixing it. Either that or it will be stripped and sold as parts or used to make something else clean and tidy.

One of my mates works at a local garage / scrap yard and they buy write off's to break for spares and you would be suprised how much the bits and bobs on a clean car can go for. Or they swap a leather interior for a plastic one ( that can add a grand on if someone is into that sort of thing )

I can't see how you can get the deposit back if they are still willing to go ahead with the deal all faults aside.

GemBee_2

In all honesty we don't trust the garage. I just don't see how they can do that. I just don't feel confident that they will stick to there end of the agreement.

maninthestreet

The garage offered £4K for a car they had not inspected or even seen???