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Breac of Contract by Car Dealer ?

jstvj
jstvj Posts: 364 Forumite
I agreed to buy a vehicle from a dealer and paid a large deposit.

Today, I received my deposit back with a letter from the dealer cancelling the sale.

The price I negotiated was lower thank his asking price and I believe the dealer now has another Buyer willing to pay more.

Have I any recourse against the dealer for Breach of Contract ?
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Comments

  • Tilt
    Tilt Posts: 3,599 Forumite
    jstvj wrote: »
    I agreed to buy a vehicle from a dealer and paid a large deposit.

    Today, I received my deposit back with a letter from the dealer cancelling the sale.

    The price I negotiated was lower thank his asking price and I believe the dealer now has another Buyer willing to pay more.

    Have I any recourse against the dealer for Breach of Contract ?

    Did you have a signed vehicle order form?
    PLEASE NOTE
    My advice should be used as guidance only. You should always obtain face to face professional advice before taking any action.
  • jstvj
    jstvj Posts: 364 Forumite
    Tilt wrote: »
    Did you have a signed vehicle order form?

    Signed vehicle order form ?

    I was given a receipt for the cash deposit, which described the vehicle and the price agreed
  • Tilt
    Tilt Posts: 3,599 Forumite
    Normally when you buy a car, the dealer fills out a vehicle order form which is a contract to buy. If all the details of the car, purchase price, deposit paid and your details as the buyer on the form (or invoice) and the dealer has signed it, then it's binding.

    I am assuming it's a used car?
    PLEASE NOTE
    My advice should be used as guidance only. You should always obtain face to face professional advice before taking any action.
  • jstvj
    jstvj Posts: 364 Forumite
    Tilt wrote: »
    Normally when you buy a car, the dealer fills out a vehicle order form which is a contract to buy. If all the details of the car, purchase price, deposit paid and your details as the buyer on the form (or invoice) and the dealer has signed it, then it's binding.

    I am assuming it's a used car?

    Thanks you for the advice.

    Yes it is used and the receipt was signed by the Dealer
  • Tilt
    Tilt Posts: 3,599 Forumite
    Does it have the dealers full details on it and is it a proper printed invoice rather than a hand written one?
    PLEASE NOTE
    My advice should be used as guidance only. You should always obtain face to face professional advice before taking any action.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    jstvj wrote: »
    Have I any recourse against the dealer for Breach of Contract ?
    In terms of loss of bargain, or losses arising? No. Not a hope in hell.
  • jstvj
    jstvj Posts: 364 Forumite
    Tilt wrote: »
    Does it have the dealers full details on it and is it a proper printed invoice rather than a hand written one?

    No, it was a hand written receipt, but it had the Dealers name and address on it and the agreed price.
  • motorguy
    motorguy Posts: 22,615 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    jstvj wrote: »
    I agreed to buy a vehicle from a dealer and paid a large deposit.

    Today, I received my deposit back with a letter from the dealer cancelling the sale.

    The price I negotiated was lower thank his asking price and I believe the dealer now has another Buyer willing to pay more.

    Have I any recourse against the dealer for Breach of Contract ?

    Very odd they didnt ring you. Was the relationship soured in any way? Had you had issues with them? What reason did they give?
  • jstvj
    jstvj Posts: 364 Forumite
    motorguy wrote: »
    Very odd they didnt ring you. Was the relationship soured in any way? Had you had issues with them? What reason did they give?

    Relations were very good. As I say, I think they had a Buyer willing to pay more and he did not have the courage to talk to me.

    By the way, I have since found out that the vehicle has been the subject of a Cat D insurance claim, which he did not disclose.
  • motorguy
    motorguy Posts: 22,615 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    jstvj wrote: »
    Relations were very good. As I say, I think they had a Buyer willing to pay more and he did not have the courage to talk to me.

    By the way, I have since found out that the vehicle has been the subject of a Cat D insurance claim, which he did not disclose.

    So did you ring him to ask, and if not why not?

    Even IF they'd a buyer willing to pay more (which would be v unlikely for a reputable dealer to allow to happen) they could just have said they had found problems with the car.

    Maybe they cancelled when they found out it was Cat D?

    Sounds like you're best out of the deal TBH
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