Used car help please

Katiegigmill

I paid £50 deposit on a used car, the dealer agreed to service the car and change the timing belt, I have informed the dealer I am no longer in a position to purchase the car and understand that I have forfeited the £50 deposit. The dealer is now requesting a further £170 to cover the cost of the work carried out. Do I have to pay this?

daytona0

Katiegigmill wrote: »

I paid £50 deposit on a used car, the dealer agreed to service the car and change the timing belt, I have informed the dealer I am no longer in a position to purchase the car and understand that I have forfeited the £50 deposit. The dealer is now requesting a further £170 to cover the cost of the work carried out. Do I have to pay this?

That's pretty dirty of you but I think legally you are only liable for the 50 quid deposit. Signed any contract or any sort of paperwork? If not then I doubt that the seller can show a court that you agreed to pay for the work in addition to the deposit...

Jvic28

I agree with Daytona

mije1983

On a positive for the dealer, he can probably bump up the price to the next customer to cover the outlay as it has a brand new timing belt and just had a service (depending on the cars value of course).

bris

Yes in a round about way, you are now liable for the dealers losses due to you rescinding the contract.

Being a used car the dealer will have to mitigate the loss by reselling it, he must try to resell it for the same price but if he has to take less then you would be liable for the difference between price sold and the price you agreed to pay, you would also be liable for the cost of re advertising the car. The service and timing belt is irrelevant to this scenario.

Depending on the cost of the car and how far the dealer wants to take it the £170 may be a cheap get out.

Jvic28

No way. I very much doubt there's any paperwork thats been signed which will mean you can be pursued for anything. You've lost your £50 but very much doubt you'll be having to fork out any more.

arcon5

You are in breach of contract and liable for his losses. This could in fact include the work agreed as part of the contract.

The dealer should sell the vehicle on - maybe up the price by £170 -- but if he loses any money when he sells it and has genuinely tried to mitigate this loss you could likely be liable for the sum!

arcon5

daytona0 wrote: »

That's pretty dirty of you but I think legally you are only liable for the 50 quid deposit. Signed any contract or any sort of paperwork? If not then I doubt that the seller can show a court that you agreed to pay for the work in addition to the deposit...

Jvic28 wrote: »

No way. I very much doubt there's any paperwork thats been signed which will mean you can be pursued for anything. You've lost your £50 but very much doubt you'll be having to fork out any more.

Wouldn't need to be in the contract - its common law. Op would be liable for damages as a result of anticipatory breach of contract

daytona0

arcon5 wrote: »

Wouldn't need to be in the contract - its common law. Op would be liable for damages as a result of anticipatory breach of contract

That being said I think you may be right...!!

- 50 quid deposit was put down in the view to buy item

- Dealer carries out work after deposit placed

- Customer surrenders deposit without contesting anything regarding the dealer breaching contract (with the extra work carried out - if customer hadn't authorised this work then i'd imagine they'd be trying to get the 50 quid back too...)

So yep I think the dealer can (and should) pursue this 170 if it is a reasonable bill because they obviously carried the work out as a result of what the customer has done/said.