Used Car Sale - Terms & Conditions

shaun_from_Africa

What were the terms and conditions of that contract?

If it was a verbal agreement, the only people who will know that are the people who were in the garage at the time.

But the OP did state that they signed "to say we were leaving the deposit and would pay the rest when picking up the car."

Flyboy152

shaun_from_Africa wrote: »

If it was a verbal agreement, the only people who will know that are the people who were in the garage at the time.

But the OP did state that they signed "to say we were leaving the deposit and would pay the rest when picking up the car."

In which case, it was a part payment and I refer you to post #22 .

shaun_from_Africa

Part payment or not, if the OP agreed to pay the balance, then surely they were entering into a written or verbal (and still binding) contract.

In which case, it was a part payment and I refer you to post #22 .

But that also refers to it as a deposit.

You may be able to get your deposit back if it was put down as part-payment

And I could refer you to post #24 in which trading standards say that the deposit/part payment may be lost.
http://forums.moneysavingexpert.com/showpost.php?p=45007136&postcount=24

Flyboy152

But the dealer would only be entitled to be compensated for any losses, as this dealer appears to have lost nothing, he is not entitled to keep any of the deposit.

GemBee_2

Ok, just to clear things up as it seems to be getting out of hand!

The garage would have been open for a total of 4 hours between me leaving and me calling them to tell them of the problems with my car.

They firstly said they would take the car regardless with no extra costs and at the same price at part exchange. I called back and asked for this to be put in writing as confirmation to cover me in case something goes wrong.

At this point they refused to do this. I told them if they couldn't confirm in writing then how can I trust they will go through with it. This is when the deal couldn't be completed.

My other half has a friend in the car industry (why we didn't go to him in first place I don't know!) Under the Trading Standards for Used Car dealerships they have no legal right to keep the money whether it be deposit or part payment. If they refuse you are entitled to go to the Trading Standards and they will get it back for you.

He said he has had people who have crashed their cars and they got a full refund.

They are entitled to claim for any costs to them. However in this case they still have the car for sale and only missed selling opportunities for four hours and I doubt many people would have called on a Monday morning (but that is just assumption!)

somethingcorporate

GemBee wrote: »

Ok, just to clear things up as it seems to be getting out of hand!

The garage would have been open for a total of 4 hours between me leaving and me calling them to tell them of the problems with my car.

They firstly said they would take the car regardless with no extra costs and at the same price at part exchange. I called back and asked for this to be put in writing as confirmation to cover me in case something goes wrong.

At this point they refused to do this. I told them if they couldn't confirm in writing then how can I trust they will go through with it. This is when the deal couldn't be completed.

My other half has a friend in the car industry (why we didn't go to him in first place I don't know!) Under the Trading Standards for Used Car dealerships they have no legal right to keep the money whether it be deposit or part payment. If they refuse you are entitled to go to the Trading Standards and they will get it back for you.

He said he has had people who have crashed their cars and they got a full refund.

They are entitled to claim for any costs to them. However in this case they still have the car for sale and only missed selling opportunities for four hours and I doubt many people would have called on a Monday morning (but that is just assumption!)

This is pretty much spot on although rather than using trading standards you could go straight to a letter before action and then small claims on your own. Would be much quicker and less of a pain.

Also, the onus would be on the seller to prove that they had lost a sales opportunity (to make a legitimate deduction from the deposit) and not for the purchaser to prove otherwise.

Do let us know how the situation is resolved OP.

clarkey3262

Deposits

If you put a deposit on a vehicle and later decide not to buy it, you will not be able to get the money back unless the seller agreed that the deposit was returnable if you changed your mind, for example, after having an independent inspection done. If you change your mind before you get the vehicle, the seller can't force you to buy it.

http://www.adviceguide.org.uk/index/your_world/consumer_affairs/buying_second_hand_vehicles.htm#deposits

I feel that sums it up pretty well, you don't have to buy the car, or part ex your current one, but you still aren't entitled to your money back as YOU backed out of the deal.

s_b

clarkey3262 wrote: »

http://www.adviceguide.org.uk/index/your_world/consumer_affairs/buying_second_hand_vehicles.htm#deposits

I feel that sums it up pretty well, you don't have to buy the car, or part ex your current one, but you still aren't entitled to your money back as YOU backed out of the deal.

nice link
thanks
puts the cap on all this flyboy rubbish

10.27 i had a car one year one month and had one buyer for it so how dare anyone say dealer might not have lost another opportunity to sell it in his 4 hour window

Equaliser123

clarkey3262 wrote: »

http://www.adviceguide.org.uk/index/your_world/consumer_affairs/buying_second_hand_vehicles.htm#deposits

I feel that sums it up pretty well, you don't have to buy the car, or part ex your current one, but you still aren't entitled to your money back as YOU backed out of the deal.

I rather prefer law.

If the deposit was not a genuine pre-estimate of the loss likely to be suffered by the retailer in the event of the customer not keeping to the contract, then it must be repaid as penalties cannot be lawful under English law.

If it was a genuine pre-estimate, then it can be retained.

Realistically, the dealer has not really lost anything - the car still exists and can be sold to a third party.

somethingcorporate

clarkey3262 wrote: »

http://www.adviceguide.org.uk/index/your_world/consumer_affairs/buying_second_hand_vehicles.htm#deposits

I feel that sums it up pretty well, you don't have to buy the car, or part ex your current one, but you still aren't entitled to your money back as YOU backed out of the deal.

Irrelevance, it's exactly as Equaliser has described.

If I had put a £10k deposit on a £20k car and then back out you think that entitles the seller to keep the full £10k? wrong. He is entitled to be compensated for actual losses (damages) and not allowed to put what would amount to a financial penalty in a contract. Deposits that represent a true pre-estimate of loss can be retained (I would suggest that £100 MAY at a stretch be reasonable, depending how far down the process had got).

s_b wrote: »

nice link
thanks
puts the cap on all this flyboy rubbish

10.27 i had a car one year one month and had one buyer for it so how dare anyone say dealer might not have lost another opportunity to sell it in his 4 hour window

Again, it would be down to the SELLER to prove that they had lost a sale in this time frame not for the purchaser. If they can prove that had lost a genuine sale then it's a different story.