Car dealership (possible) contract hell.. Can't sleep tonight for worrying!

IamNotAllowedToUseMyName

root wrote: »

Ok thanks.

So if OP signed docs to order the car, but not commited to finance then they are stuck with the car and need to find a way to pay for it?

It could be the case (as I mentioned above) but in reality no reputable company is going to try and force a sale of something the customer really cannot afford, it just rebounds back on them.

There is an underlying presumption in a lot of the answers here that the dealers are robbing b*****s, but in reality the majority are not going to force a sale in the situation where there is problem credit - it'll just bounce back on them. Chances are they'd sympathise with the potential customer and depending on the issue look to see if there is an alternative cheaper sale or be relieved to be rid of a future problem customer (if they can't pay for the car, they won't be able to pay for servicing).

macman

root wrote: »

I thought if you signed to order the car, that was binding?

So you could end up in a situation where you have committed to buy the car but not the finance, forcing you to find a way to pay for it?

Do orders also fall under the 14 day cooling off then?

Yes, but if no consideration has been exchanged (i.e. a deposit against the signature of an order), then it could be argued that no contract has been made. Which is why I asked if the OP had paid a deposit. If they didn't, the dealer's only option is a civil claim, and it's unlikely that they'd bother in this case.

arcon5

root wrote: »

Ok thanks.

So if OP signed docs to order the car, but not commited to finance then they are stuck with the car and need to find a way to pay for it?

Technically yes, but we can't say for sure without knowing what exactly op agreed to in the paperwork.

Realistically, op could advice she is walking away from the deal and it consider anticipatory breach of contract - liable for damages, so possibly admin fee, any additional advertising costs, potentially even the difference in sale price if it goes for a little lower but that one wouldn't be so black and white.

Even more realistically walking away the dealer may insist she pays some kind of cancellation charge, but I don't they would pursue it any further than some letters and phone calls.

But worst case scenario would be paying a reasonable cancellation fee.

Best case scenario of course being it being a subject to finance contract or the dealer being fair and reasonable.

Worth noting though even if paperwork doesn't make it subject to whatever terms, it could be argued it was an implied term and the finance deal formed part of the arrangement... a judge would need to decide whether this was an implied part of the contract.

None of this though can be answered with any kind of certainty and even if it could then the specifics wouldn't be so clear and down to a courts judgement.

arcon5

macman wrote: »

Yes, but if no consideration has been exchanged (i.e. a deposit against the signature of an order), then it could be argued that no contract has been made. Which is why I asked if the OP had paid a deposit. If they didn't, the dealer's only option is a civil claim, and it's unlikely that they'd bother in this case.

Many doesn't have to have changed hands. Consideration could be a promise to pay £x within y time frame.
Otherwise based on this logic when you take out a phone contract and don't make your first payment for a few weeks then no contract has been entered in to which we all know isn't the case. Same with many other sectors, quarterly billed utilities for example.

Aretnap

macman wrote: »

Yes, but if no consideration has been exchanged (i.e. a deposit against the signature of an order), then it could be argued that no contract has been made.

Consideration only has to be promised for a contract to be formed - it doesn't have to have actually changed hands.