Car deal changed but dealer won't return deposit

motorguy

manflu wrote: »

He said that he had already sent the paper work off to the DVLA and it's now my car.

As the new owner has to sign the V5C, ask him did he forge your signature?

V5C is only evidence of the keeper, not ownership. You are not the keeper.

I would call his bluff and ring DVLA Swansea. Ask if they've seen the paperwork.

motorguy

BykerSands wrote: »

Well if you haven't signed anything one will have to assume the contract is verbal. What exactly does it say on the reciept?

If he has spent £400 getting the car ready for you and can prove that a court would award you £100 if you took him to court. If he took you would you be forced to paying for the new car and the additional difference as yours is a write off? I doubt it, he'd be awarded his provable losses. The £400 and anything additional you've lost him by pulling out of the sale.

The dealer is reneging on the original terms of the deal because they did not do their due diligence, NOT the buyer.

motorguy

When i was trading, i did the HPI check on the car before agreeing any sort of price terms on a deal.

It used to cost £2.50 and was well worth every penny.

manflu

BykerSands wrote: »

Well if you haven't signed anything one will have to assume the contract is verbal. What exactly does it say on the reciept?

If he has spent £400 getting the car ready for you and can prove that a court would award you £100 if you took him to court. If he took you would you be forced to paying for the new car and the additional difference as yours is a write off? I doubt it, he'd be awarded his provable losses. The £400 and anything additional you've lost him by pulling out of the sale.

The receipt says
Reg number of newer car - £8000
Trade in <Reg number of my car> £4500
Deposit - £500
£3000 remaining.

I am happy to go ahead with the sale of he gives me what we initially agreed. He has changed the value of my car (as it is a right off) and based on that I want to pull out of the deal.

motorguy

manflu wrote: »

The receipt says
Reg number of newer car - £8000
Trade in <Reg number of my car> £4500
Deposit - £500
£3000 remaining.

I am happy to go ahead with the sale of he gives me what we initially agreed. He has changed the value of my car (as it is a right off) and based on that I want to pull out of the deal.

The car is not a "write off". The car was subject to an insurance claim that resulted in it being uneconomical to repair by the insurer.

Some other body has chosen to repair the car.

If the car has subsequently passed its MOT, then the car is perfectly road legal.

If the trader does not want to go ahead with the deal as was originally described, HE is pulling out of the deal.

You need to get that VERY clear in your head. HE is pulling out of the deal, not YOU.

Tell him you are happy to proceed with the deal as was originally described, however if he now wishes not to, then you are happy for him to refund you your deposit in full.

The deal described does not include any caveats such as "subject to further due diligence and / or further price negotiation"

He needed to do his due diligence BEFORE making the offer. Not after.

AdrianC

motorguy wrote: »

The car is not a "write off". The car was subject to an insurance claim that resulted in it being uneconomical to repair by the insurer.

Which is kinda the definition of a write-off...

arcon5

You failed to declare material facts to the dealer. As already said, if he failed to declare material facts you'd have rights... why shouldn't he?

He's only changing the deal because he has discovered your non-disclosure, deliberate or not irrelevant.

manflu

arcon5 wrote: »

You failed to declare material facts to the dealer. As already said, if he failed to declare material facts you'd have rights... why shouldn't he?

He's only changing the deal because he has discovered your non-disclosure, deliberate or not irrelevant.

So are you suggesting that I have to legally buy this car. I just want to know where I stand because if he had offers me 2k less then I would not have shook his hand.

s_b

Your part exchange was misdescribed
Trader will need recompense for any outstanding costs

more details needed

Joe_Horner

As Motorguy says, the law assumes he (as the trader) is the expert and it's up to him to get things right. If he doesn't then that's his problem. As a private seller, even (in fact, especially) when selling to a trader, there is absolutely no obligation on you to volunteer information even if you knew about it.

Apart from rolling over, you've got two options as far as court is concerned. Small claims for the deposit back, or you could apply for the court to enforce the contract on the original terms.

If you're happy to go ahead on the original terms then I'd be tempted to call his bluff - threaten to have the contract enforced in court (a potential "loss" of £2k to him according to his figures) but be willing to dissolve the contract on return of your full deposit (a potential loss to him at most of his costs in getting the car ready, although in practice far less because he retains the benefit of the work done by having a car ready to sell).