Used Car Naïvety

benthegreat

Hi all,

I've recently entered the car market for the first time and have been searching for something larger than my MX-5.

Today I test drove a lovely Qashqai and, in a fit of enthusiasm, signed a 'Used Car Order Form' to purchase for £9,849 all in. No deposit was taken and no delivery date arranged. I have read the terms and conditions attached and nothing of my cancellation is mentioned.

Am I able to call tomorrow and cancel the whole thing as I do not feel the price is fair and, in hindsight, I should wait another couple of months?

They mentioned being able to return the car within 30 days if I didn't like it so is this covered by the same principle?

Thanks in advance.

macman

If you signed a contract 'in store' then it is normally binding, but if no deposit was taken then it could be argued that the contract was not binding, since there has been no exchange.
In such a situation it would be for the dealer to pursue any debt if they think they have a case.

benthegreat

Could I not take the line of 'cancellation isn't explained or denied in the paperwork and wasn't verbally'? Normally disclosure would be their problem rather than my responsibility to ask?

knightstyle

First step is to talk to them, the Qashqai is quite an easy car to sell so they may let you go without penalty.

uknick

If you're sure there is nothing at all about cancellation by you, or them, which I find surprising, then I don't see what legal grounds the dealer would have for enforcing any penalty.

And, from what you say, what penalty could they enforce if nothing is mentioned in the contract?

Having said all that, did the dealer keep any part of the contract that you didn't read, i.e. a carbon copy. The cancellation terms may have been on this and he "forgot" to give you that part as well.

arcon5

No you can't.
Lack of exchange is irrelevant, there is consideration, you agree yo owe them x and visa versa.
You have no statutory rights to cancel. You entered in to a contract and exiting it will amount to breach of contract unless such contract allowed for it.

Equally they are also bound by it, they cannot turn round and say they've changed their mind as the price is too low without breaching it. And as we know contracts must be equal for BOTH parties, not just you.

You need to talk to them, worst case scenario I suspect would be a cancellation charge. Depending what stage they are at in the process.

arcon5

uknick wrote: »

If you're sure there is nothing at all about cancellation by you, or them, which I find surprising, then I don't see what legal grounds the dealer would have for enforcing any penalty.

And, from what you say, what penalty could they enforce if nothing is mentioned in the contract?

Having said all that, did the dealer keep any part of the contract that you didn't read, i.e. a carbon copy. The cancellation terms may have been on this and he "forgot" to give you that part as well.

What penalty? Administrating deals etc don't come free if charge.
What legal right does op have to exit the contract without being considered to have breached it?
none.

harveybobbles

As its an order form you have signed, it isnt legally binding.

Where as an invoice is.

Phone them and tell them you have changed your mind and its too big, but you will "pop in to look at something else they have for sale" - even if you dont.

loskie

But speak to them quickly (ie first thing tomorrow) so they can't claim that they have carried out work on it for your purchase thus claiming to be out of pocket.

macman

I don't understand why the dealer didn't take a minimal deposit? At the very worst, they can claim breach of contract for the full value. Most dealers would simply not bother, and retain the deposit instead. What they will do in these circumstances is impossible to predict.
I would imagine that an 'order form' in this context is indeed a contract. But it doesn't matter even if it isn't, since the OP doesn't dispute that he verbally agreed to buy it for £X-and that itself forms a binding contract, whether written or not-it makes no difference.
Being able to 'return' the car within 30 days means nothing, as it does not mean that the price you paid will be refunded in full. You would only get something near the trade in value at the time.