Car deal changed but dealer won't return deposit

LM9

One thing to bear in mind is that he will have to get his sale car "ready to sell" regardless of whether he sells it to you or some other purchaser. Unless he doesn't expect to sell that car for a long time then his costs are fixed and attributable to the process of selling the car and not to any specific purchaser.

However if he doesn't expect to sell the car for a long time it is worth asking him "why, what is so wrong with it?"

s_b

Joe_Horner wrote: »

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).

your advice is bad

Marktheshark

Issue a Letter before Action for the £500.
Then issue a small claims case, but be careful to get the right trading entity by checking companies house and list the company number.

He will argue for the £3000, this is what county court judges are for.

He is the expert, he made the error, he withdrew from the contract.
Let the judge decide who is right and who is wrong.

motorguy

AdrianC wrote: »

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

It may well have been written off at one point by the insurance company, however now that it is repaired and back on the road it is not now a write off is it?

motorguy

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.

Absolute nonsense.

Its not up to the seller to know the total history of the car. Its up to the trader.

HE is deemed the expert, not the customer.

By all means, he can change the trade in value, but he cant stick to the deposit if the buyer decides its a silly offer.

motorguy

manflu wrote: »

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.

Ignore Arcon5s comment. Its nonsense.

motorguy

s_b wrote: »

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

more details needed

Absolute rubbish!

Complete and utter crap.

Its up to the trader to do his due diligence - which he clearly didnt do at the time.

motorguy

Joe_Horner wrote: »

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).

+1

Totally on the mark

motorguy

s_b wrote: »

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

Actually, can you show us where the O/P said he described the car as NOT being formerly written off?

OR denied to the dealer that it had been previously written off?

s_b

motorguy wrote: »

Absolute rubbish!

Complete and utter crap.

Its up to the trader to do his due diligence - which he clearly didnt do at the time.

i would suggest you ring trading standards in the morning who will put you through to citizens advice who will confirm the trader is in his rights to reject the deal and charge all reasonable expenses as the p/x was mis described