Is a signed contract binding

Jb62

Signed a contract and put down a deposit on a new mini yesterday at a dealership but told today that car not now available - someone else had already put a deposit on it but the other dealership had not taken it off the system. Found me another one (different colour but I prefer it anyway) but they are dragging their heals about sending through the spec. Are they obliged to provide me with a car to the spec we agreed given we have a signed contract and they have £1000 of my money?

k3lvc

It's up to you/them to negotiate/agree the spec/price of the alternative vehicle. Depending how rare the spec might make this more difficult.


From my point of view Mini were one of the easiest brands I've purchased from over the years in terms of sorting issues.

Jb62

Apparently it is exactly the same but they have still not sent me the full spec - my concern is they will turn round and say they can!!!8217;t find a car that matches the one I agreed to buy - can they do this given we have signed a contract or can I insist the find/build a car as per that contract?

catflap11

I had this with my Mercedes A Class, it was due to their systems not being live on a Sunday when I viewed it. Mercedes simply found me a car with a slightly upgraded spec and honoured the original price. I'm sure Mini will do the same and you generally have a cooling off notice too.

k3lvc

Jb62 wrote: »

Apparently it is exactly the same but they have still not sent me the full spec - my concern is they will turn round and say they can!!!8217;t find a car that matches the one I agreed to buy - can they do this given we have signed a contract or can I insist the find/build a car as per that contract?

Is it a brand new car you're looking at or a pre-reg ?


If new then you negotiate for a 'built to your spec' car but expect a delay. If pre-reg then they're not going to give you a new one.


In the time since posting there's no reason not to have the spec - if they're not playing then escalate to Sales Manager and discuss options with him/her

motorguy

Jb62 wrote: »

Signed a contract and put down a deposit on a new mini yesterday at a dealership but told today that car not now available - someone else had already put a deposit on it but the other dealership had not taken it off the system. Found me another one (different colour but I prefer it anyway) but they are dragging their heals about sending through the spec. Are they obliged to provide me with a car to the spec we agreed given we have a signed contract and they have £1000 of my money?

Basically - they're obliged to hand you back your £1,000 if they cant.

Having just bought a new MINI i would be surprised if they arent easy to work with and keen to convert your £1,000 deposit in to a sale.

If you dont think they are pushing it, escalate to the sales manager.