Dealer Selling Car After Deposit Taken

ianemery

I found a car from a dealer that was listed at £10k and online negotiated this down to £9k. I then visited the dealer took a test drive and agreed to purchase the car for the agreed price.

It transpired that the car only had 4 days left on its MOT and I requested that the dealer obtain a new MOT to which they agreed. I then paid £1000 deposit and signed a vehicle order form with the proviso (as stated on order form) of Car sold subject to MOT pass.

The car failed as it required new front disc brake pads at an estimated cost of £180. When advised of this I asked for the dealer to absorb these costs and they advised they would contribute 50%. This was at nearly 6pm so I said I would think overnight on it and advise.

the following is an email trail between myself and the dealer and I am keen to know if I have any legal recourse against the dealer.

I am not interested in compensation I am just keen on ensuring the dealer learns a lesson.

Any advice would be appreciated.

(email addresses and contact details removed)


***************************
Evening Ian

I have authorised the payment but it may not get processed until 11am on Wednesday

Regards

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Original Message

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From: Ian Emery
Sent: 20 September 2011 16:53
To: Dealer
Subject: Re: Lexus RX400

Can you confirm the refund of my deposit has been processed

Ian


On 20 Sep 2011, at 10:29, "Dealer> wrote:

> Thank you
>
> We will advise you by 4pm as previously noted
>
> Regards
>
>
>
>

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Original Message

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> From: Ian Emery > Sent: 20 September 2011 09:34
> To: Dealer
> Subject: Re: Lexus RX400
>
> As previously mentioned we had agreed a price for the car with a valid MOT.
>
> As the MOT has failed I had agreed to continue with the purchase on the basis of the remedial work being funded by yourselves.
>
> In the meantime you have sought to further market the vehicle without honouring our original agreement.
>
> I appreciate your comments regarding the Internet but you could easily have refused further viewings.
>
> Therefore as you have not honoured our agreement and furthermore have sought to make a financial benefit from this avoidable issue I have elected to cancel.
>
> Ian
>
>
> On 20 Sep 2011, at 09:18, "Dealer wrote:
>
>> What is your reason for cancelling ?
>>
>> Sent from my iPhone
>>
>> >>
>>
>>
>> On 20 Sep 2011, at 09:09, "Ian Emery" > wrote:
>>
>>>
>>>
>>> With regards to your comments regarding the price of the car this is the value you were happy to agree.
>>>
>>> I cannot be held responsible for the failed MOT and hence I am unwilling to fund any remedial work - I am sure you can understand my viewpoint.
>>>
>>> I therefore withdraw my offer with immediate effect and would be grateful if you can arrange for my deposit to be refunded.
>>>
>>> Good luck with the sale.
>>>
>>> Ian
>>>
>>> On 20 Sep 2011, at 08:53, "Dealer wrote:
>>>
>>>> Hi Ian
>>>>
>>>> We can't stop the Internet.
>>>>
>>>> The car is still on our site until it's paid for.
>>>>
>>>> The customer emailed me last night and is willing to pay £10,000
>>>>
>>>> After your acceptable decision to deliberate allows us the opportunity to continue to deal with any fresh leads.
>>>>
>>>> 'Deliberation' works both ways.
>>>>
>>>> In this case it could be a positive outcome for my business.
>>>>
>>>> The car is too cheap at £9000 and I am sure on reflection too good
>>>> a car to miss for a couple of hundred pounds ( and you get new
>>>> brakes & 12 months MOT!)
>>>>
>>>> We will advise at 4pm
>>>>
>>>> Regards
>>>>
>>>> Dealer
>>>>
>>>> Sent from my iPhone
>>>>
>>>> >>>>
>>>>
>>>>
>>>> On 20 Sep 2011, at 08:44, "Ian Emery" wrote:
>>>>
>>>>>
>>>>>
>>>>> Thank you for your email although I am a little surprised you have continued to arrange viewings after taking a deposit.
>>>>>
>>>>> I will await your response however as the viewing is this morning I would appreciate the processing of the credit before 3pm as if necessary I will need access to these funds to source an alternative vehicle.
>>>>>
>>>>> Ian
>>>>>
>>>>> On 20 Sep 2011, at 08:26, "Dealer> wrote:
>>>>>
>>>>>> Morning Ian.
>>>>>>
>>>>>> Thank you for your note.
>>>>>>
>>>>>> We will advise you of our decision by 4pm
>>>>>>
>>>>>> We have a customer viewing the car this morning who are happy to pay the advertised price so we would be foolish not to allow them to view this stunning example.
>>>>>>
>>>>>> Should they not proceed we will accept your offer and confirm by 4pm or your deposit will be returned as requested.
>>>>>>
>>>>>>
>>>>>> Kind regards
>>>>>>
>>>>>> Dealer>>>>>>
>>>>>> Sent from my iPhone
>>>>>>
>>>>>> >>>>>>
>>>>>>
>>>>>>
>>>>>> On 20 Sep 2011, at 08:20, "Ian Emery" wrote:
>>>>>>
>>>>>>> From: Ian Emery
>>>>>>> Subject: Lexus RX400
>>>>>>>
>>>>>>> Message Body:
>>>>>>> Attn: >>>>>>>
>>>>>>> ,
>>>>>>>
>>>>>>> Further to our discussions yesterday regarding the above car and the failed MOT, I have now had time to consider my position.
>>>>>>>
>>>>>>> I am only willing to proceed with the sale if the brake pads are replaced at your expense, i.e. the car has a valid MOT as per the conditions of our original agreement.
>>>>>>>
>>>>>>> I appreciate your offer of 50% of cost, however with the work required on the bonnet paintwork (c£200) I am not prepared to go above my original offer of £9,000.
>>>>>>>
>>>>>>> I would be grateful if you would consider the above and advise asap.
>>>>>>>
>>>>>>> Obviously if you decide the above is not acceptable to yourselves I would be grateful if you would arrange for the £1,000 deposit to be recredited to my card immediately.
>>>>>>>
>>>>>>> I am in a number of meetings today (hence resorting to email) however if you wish to discuss further please give me a call on XXXXXXX >>>>>>>
>>>>>>> Many thanks
>>>>>>>
>>>>>>> Ian Emery

bungle4by4

walk away, get your money back.

vax2002

NEVER place any deposit you are not prepared to loose.
It is far better to just go back with the full purchase price and risk it been sold elsewhere.
Deposits are a mine field but the golden rule of the jungle applies at all times.
THEY HAVE YOUR MONEY.
I would be down there like a shot if he offered to return your deposit, you are very lucky indeed to be offered it back.
Do let us know it turns out OK.

Badger_Lady

Has the refund come through yet?

Their attitude stinks somewhat! "You can't stop the internet" - do you know what? Funny thing, you CAN update your own website...

clangnuts

What sort of dealer would sell a car with defective brakes anyway?

vax2002

I would have just walked away and gone back in 5 days, the mot issue would have sorted itself....

ianemery

I am awaiting the refund - due today.

In my eyes the issue is around whether having taken a deposit snd entered into an agreement to sell the car (signed order form) are they legally entitled to remarket the vehicle?

Thanks

Ian

vikingaero

ianemery wrote: »

I am awaiting the refund - due today.

In my eyes the issue is around whether having taken a deposit snd entered into an agreement to sell the car (signed order form) are they legally entitled to remarket the vehicle?

Thanks

Ian

Probably nothing illegal in continuing to market the car with your deposit in place. Immoral yes.

I would chalk this one down to experience and take the opportunity to slate the dealer to everyone you know.

davidjwest

I'm amazed in this day and age, what with the internet etc that some people (I'm talking about the dealer here) are so stupid to behave like this.

The reputational damage alone due to this kind of behaviour is far, far greater than any profit he made on that deal.