Problem with new car purchase

Snuggles

Hi,

I agreed to buy a brand new car from a main dealership. I was told the car was available because it had been ordered for another customer but they couldn't proceed with the purchase. I was also told that the dealer had applied to register the car in the name of the previous customer, and that they were waiting for the DVLA to reverse this so that whoever purchased it would be registered as the first owner. The car has only delivery mileage on it and was being sold at the list price as a brand new vehicle.

I agreed to buy the car and specifically clarified that I would be the first registered owner. I was told that I would be. I have waited a couple of weeks for the previous registration issue to be sorted out.

I have today received a call from the dealer stating that the paperwork is all sorted, the car has a new reg no etc, but just one thing, the DVLA would not remove the first registration (which it turns out was on a private plate), so the previous customer will be listed as a previous owner.

I am not happy about this at all, I am paying for a brand new vehicle and I therefore expect to be the first registered keeper. I know some people might think this doesn't matter, but it matters to me.

I no longer want to proceed with the purchase and will be asking for my deposit to be returned. I feel that as the dealer is not supplying what was promised I am entitled to my deposit back - do you think I am right in this and that they should agree to give me my money back?

I am going to try to get some legal advice before I go to the dealer's tomorrow (I can get free advice through my insurance) but just wondered what the general view was.

neilmcl

Yes you are within your rights to ask for your deposit back and walk away from the sale.

arcon5

If the vehicle doesn't conform the contract then yes you are entitled to the deposit back.

poppasmurf_bewdley

If the car has a previous registered owner, then it's a second hand vehicle. No if's, no but's.

redped

If this happened to me, I'd be annoyed as well. As the others have said, you are within your rights to ask for the deposit back.

However, would you be happy to buy the car if they reduced the price (given that it's now technically second hand)? If so, how much would they need to knock off the price before you'd buy it? These are things you may want to think about before speaking to them tomorrow.

Snuggles

Thanks all, I will let you know how I get on at the dealer's tomorrow! I don't think I want to buy the car now even if they offer me a discount. They tried to pass it off as a minor detail, and it's just put me off dealing with them.

poppasmurf_bewdley

As an additional comment, the garage have probably already made some money off the vehicle by retaining the deposit of the first person who ordered the car and then cancelled the order.

Snuggles

poppasmurf_bewdley wrote: »

As an additional comment, the garage have probably already made some money off the vehicle by retaining the deposit of the first person who ordered the car and then cancelled the order.

Yes, I think you're probably right. I dont see how they can argue about about giving me my deposit back, but I'm sure they'll try.

Nearly_Old

Snuggles wrote: »

Thanks all, I will let you know how I get on at the dealer's tomorrow! I don't think I want to buy the car now even if they offer me a discount. They tried to pass it off as a minor detail, and it's just put me off dealing with them.

I don't think that it is a "minor detail" as I believe that VAT is only applicable to the first sale and it could be argued that as the vehicle has already been registered then you are the 2nd owner. There may be an argument that you should not be paying VAT. The dealer appears to have put themselves in a difficult position as they are now trying to sell a "pre-registered" vehicle as if it is a "new" vehicle.

getmore4less

Snuggles wrote: »

The car has only delivery mileage on it and was being sold at the list price as a brand new vehicle.

Very few cars sell at list price.

What is the real new price on somewhere like drive the deal?

What car and spec?

How long do you normaly keep a car.

With proper records the pre reg may not effect the second hand value much, but does impact the "New" price.



As the car is not as described full refund and start negotiations again.

Snuggles

getmore4less wrote: »

Very few cars sell at list price.

What is the real new price on somewhere like drive the deal?

What car and spec?

How long do you normaly keep a car.

With proper records the pre reg may not effect the second hand value much, but does impact the "New" price.



As the car is not as described full refund and start negotiations again.

Hi, this is a very popular new model with very long lead times and there are only slight discounts to be had off the list price (even on internet deals). I did negotiate a small amount off, I only mentioned the list price to emphasise that this was being sold as a brand new vehicle.