Dealership refusing to sell car and also return the deposit

MJones1993

I recently agreed to purchase a vehicle from an independent dealer. I put a £100 deposit to secure the vehicle. I was told that the vehicle was mine, subject to payment for the vehicle (a further £7,900) and that the vehicle would no longer be advertised for sale.

I was supposed to complete the purchase of the vehicle last Saturday, however due to delays from the finance lender (Christmas period) I could not buy the vehicle on that day. I still wanted to purchase the vehicle and told the dealership that I would obtain funds and pay him in full within the coming days.

I was then threatened by the dealer unless I paid the funds in full on the Saturday he would readverise the vehicle. I told him this was not possible as the dealer said they would not release the funds until after Christmas. I explained this to the dealership and I was told that I could instead place a higher deposit to prevent him from readvertising. I could not afford to do pay a higher deposit (I was never previously told I had to do this) and explained that the delays were caused by the lender and out of my hands.

It was never a contractual agreement that the funds had to be paid on Saturday. I was also told by the dealer that if the transaction fell through he would return the deposit.

Now the dealer is refusing to sell me the car, despite the fact I paid a deposit and secured the vehicle and now he is also refusing to return my deposit. From what I understand, the fact he won’t return my money if he is refusing to sell the car is theft!

I was thinking of taking the dealership to the small claims court as a matter of principle! What can I do in this situation?

unforeseen

If you agreed to complete the purchase by paying the balance on Saturday then it was part of the contract. You are in breach

marlot

The dealer can probably argue that he spent the £100 preparing the car ready for you to collect on the Saturday and on re-advertising it.

I don't think you'd win at court.

The good news is that you only put in a sensible deposit - imagine how you'd feel now if you'd put down £250.

motorguy

MJones1993 wrote: »

I recently agreed to purchase a vehicle from an independent dealer. I put a £100 deposit to secure the vehicle. I was told that the vehicle was mine, subject to payment for the vehicle (a further £7,900) and that the vehicle would no longer be advertised for sale.

I was supposed to complete the purchase of the vehicle last Saturday, however due to delays from the finance lender (Christmas period) I could not buy the vehicle on that day. I still wanted to purchase the vehicle and told the dealership that I would obtain funds and pay him in full within the coming days.

I was then threatened by the dealer unless I paid the funds in full on the Saturday he would readverise the vehicle. I told him this was not possible as the dealer said they would not release the funds until after Christmas. I explained this to the dealership and I was told that I could instead place a higher deposit to prevent him from readvertising. I could not afford to do pay a higher deposit (I was never previously told I had to do this) and explained that the delays were caused by the lender and out of my hands.

It was never a contractual agreement that the funds had to be paid on Saturday. I was also told by the dealer that if the transaction fell through he would return the deposit.

Now the dealer is refusing to sell me the car, despite the fact I paid a deposit and secured the vehicle and now he is also refusing to return my deposit. From what I understand, the fact he won’t return my money if he is refusing to sell the car is theft!

I was thinking of taking the dealership to the small claims court as a matter of principle! What can I do in this situation?

You made a verbal commitment to pay in full for the car last saturday, but didnt.

Also, seems odd the finance company had delays because of the christmas holidays a full week before the christmas holidays? Seems odd.

I think the dealer is well within their rights to readvertise the car and withhold the deposit to cover advertising costs.

agrinnall

Assuming that the finance company has finally come through with the money, just buy the car now. It'll cost you £8100 rather than the original price of £8000, which is 1.25% premium.

Sonicduck

If you paid deposit via credit card just do a chargback

bris

Doesn't make sense to me, what dealer refuses an 8k sale for the sake of a couple of days and makes an enemy for a poxy hundred quid?

jbond

OP, was any of this arrangement done on paper? Did you pay cash deposit? Was there a receipt for deposit?
Can't fathom why the dealer would refuse to sell the vehicle to you? Sounds like a 'difficult' dealership, in which case I'd bu**er off and go elsewhere (once you get your deposit back, via possible police involvement)?

BorisThomson

jbond wrote: »

OP, was any of this arrangement done on paper? Did you pay cash deposit? Was there a receipt for deposit?
Can't fathom why the dealer would refuse to sell the vehicle to you? Sounds like a 'difficult' dealership, in which case I'd bu**er off and go elsewhere (once you get your deposit back, via possible police involvement)?

The police are not going to intervene in a civil matter.

I'm also wondering why the dealership would refuse the sale once the finance had been arranged.

unforeseen

Maybe OP has been mucking them about and they decided enough was enough.

AndyMc.....

BorisThomson wrote: »

The police are not going to intervene in a civil matter.

I'm also wondering why the dealership would refuse the sale once the finance had been arranged.

Correct, it’s nothing to do with the police.