pulling out of a car buy

mattyprice4004

He's MOTing the car, so it is sold with new MOT. He hasn't sold it to you yet - only taken the deposit.

I don't see the problem unless you're after backing out because you've changed your mind.

OddballJamie

I bought a car for my partner from a dealer last month which was a similar scenario, it failed MOT on the exhaust. Dealer replaced the exhaust cat back, I mentioned to him the air con wasn't blowing cold and a bit of damage on a tyre wall.
Before we picked it up he had the tyre replaced and an aircon bloke out to fix a cracked pipe and regas. Luckily the aircon guy noticed a slight coolant leak on the radiator, so the dealer decided to replace the radiator before we picked it up. Was over the moon when we picked the car up and he told us.

londonTiger

I think a deposit is that. So you dont have to pay anything more.

But do make a note of everything and keep it in your records if seller wants to sue you for renegging on your promise. Because the paperwork you have seems to suggest that it's a little bit more than a deposit. It's always like a purchase order (a promise to buy).

Keep the sales ad and the MOT failure notice. So you can make the defence that the car was not in the condition advertised. It stated the car would have a valid MOT but it was significantly below that standard and not fit to be on the road.

londonTiger

OddballJamie wrote: »

I bought a car for my partner from a dealer last month which was a similar scenario, it failed MOT on the exhaust. Dealer replaced the exhaust cat back, I mentioned to him the air con wasn't blowing cold and a bit of damage on a tyre wall.
Before we picked it up he had the tyre replaced and an aircon bloke out to fix a cracked pipe and regas. Luckily the aircon guy noticed a slight coolant leak on the radiator, so the dealer decided to replace the radiator before we picked it up. Was over the moon when we picked the car up and he told us.

Good guy car salesman.

There must've been quite a bit of margin on the car for him to do 4 repairs before selling!

londonTiger

Stooby2 wrote: »

Personally if it failed on those items and the dealer fixed them all and gave a new MOT I'd be happy - all those items are new and not something I'd have to worry about for a while.

this is so true. You should have peace of midn knowing that they're newly repaired so they're not going to be on their way out any time soon (touch wood)

OddballJamie

londonTiger wrote: »

Good guy car salesman.

There must've been quite a bit of margin on the car for him to do 4 repairs before selling!

I don't know how he managed to make anything on it, he had the car in as a part ex and listed it at a competitive price, body work is mint and service history, also he serviced it before we picked it up. We travelled 40 miles to get it and put the deposit down within 12 hours of him listing it on Ebay/Autotrader. We had been been looking for over a month and it was the best we had seen for the price.

The garage is called Premier car sales in Derby, not sure if a direct link is allowed.

londonTiger

sometimes with px places customers pop un undervalued cars. E.g. if the yard has cars typically at £8000. Then trhey get a px car valued at £2000 come in. They will want to clear out these px cars to keep a certain standard of vehicles for lack of a better word.

px also is done below market value, and a lot of times the dealer would rather have the cash than the car so they're happy to let it go for break even.

TradePro

shannianni wrote: »

he said he would get mot done yesterday . I have looked on line and it has failed on a number of items including brake parts also when i said can i pay through credit card he said he didnt have facilities and wanted cash approx £2,500.

A £2,500 car needs some wear and tear bits replacing to pass it's MOT?

That's terrible, cancel the deal immediately

pompeyred

shannianni wrote: »

I signed a used vehicle invoice it says at the top -

I / we the undersigned agree to purchase from the above seller
.......
what im asking is can i now pull out and he can keep the deposit

also the chassis number has been written down incorrectley on the invoice

Firstly, ignore the traders telling you that you have no rights and that deposits are legally binding because they represent the effort of the trader - its utter rubbish. The efforts of the trader need to be rolled up as a 'cost of doing business'. For far too long have car traders set themselves as a law in their own right and do so by taking liberties against people like yourself. To a trader £2500 or £50 might seem like very little money but to yourself it could represent a significant period of saving..... anyway to save the waffle it boils down to this.

If that's all it says then it may as well have been written on Andrex since that's about as much use at it will be in a court. It is not overly expensive to 'legally' get your money back as others have mention, money claim online allows you to start a claim for £35 and you can also recover costs, worse so for him if he is not a limited company (again which others thinks might be at your detriment) as it means the court can impose judgement against him as a person.

So, even if you have changed your mind, with lack of formed contract he can do nothing to enforce the keeping of your money, again... a few scribbled words mean nothing in the eyes of a court. However if you believe you have pulled out of it because of your understanding that it is not as described then you can also claim YOUR costs from him.

Although, if he is prepared to MOT it and make good the things it failed on then I am not sure why you would want to pull out.....?

TradePro

pompeyred wrote: »

Although, if he is prepared to MOT it and make good the things it failed on then I am not sure why you would want to pull out.....?

Because perhaps he is a timewaster? Exactly the reason why the big bad traders NEED to take a deposit...

How else would you suggest vehicles are taken off sale, and preparation work is started on them etc., should they just trust everyone's word that they won't mess around??