Used car purchase from a dealer, does loss of bargain apply?

Micky

Hi All


Does loss of bargain apply to a used car purchase from a dealer?


Purchase price agreed, deposit paid by me, car held by dealer for a few days for MOT and service. I returned to pay the remainder of the balance owing and collect the car to discover that the dealer had changed the wheels and tyres from top of the range alloys to cheapo alloys and different tyres. He tells me that a couple of the original wheels were cracked, although not visible when I checked previously. The original wheels and tyres are not available for me to inspect.



The dealer is inviting me to cancel the purchase with my refund returned. I've incurred costs travelling to and from the dealer, also wasted several hours of my time. I've also lost the opportunity to purchase a car that meets my requirements.


My view is that the car should be supplied to me as agreed when the contract was struck when I paid a deposit. Any additional costs to fit the top of the range alloys and tyres should be the dealer's responsibility.


To get to the point (please!), does loss of bargain apply to the purchase of used cars from a dealer?



Comments and advice please!

neilmcl

My advice, simply take your deposit and walk away. If it really is as shady as you think then do you really want to somehow force the sale. Loss of bargain is notoriously difficult to prove and just wouldn't be worth it in this case.

shaun_from_Africa

As neil stated take the refund then go elsewhere.


One thing I would do is that provided the dealer is close to you and you don't have to go out of your way too much, wait until the car appears for sale again and if it does, see if the original "damaged" wheels are back on it.
If they are then you could either go it and offer to purchase it again and insist that it stays as it is or you could report him to Trading Standards (via Consumer direct) but I doubt if one report will have any effect.

AdrianC

Micky wrote: »

He tells me that a couple of the original wheels were cracked


The dealer is inviting me to cancel the purchase with my refund returned. I've incurred costs travelling to and from the dealer, also wasted several hours of my time. I've also lost the opportunity to purchase a car that meets my requirements.

His argument will be that the car, as you viewed it, is no longer available to purchase, due to the damage to the wheels.

Should he have informed you? Yes, of course.


Take the deposit and vow never to darken his door with your wallet again.

How much time, effort and blood pressure are you going to put into what'll probably end up as a wild goose chase?

<takes guess> Merc, AMG rims? Or BMW...? Both have plenty of reputation for cracking rims.

Richard53

Take the refund, and put the rest down to experience. If the dealer pulls a stunt like this before he even has your money, how do you think he will act when the engine blows up after a month and your money is safe in his bank account?

Scrapit

Don't give em your money.

Micky

Thanks for the replies, walking away is an option, but does "loss of bargain" apply?
It is indeed a German car.

AdrianC

Whether it does or not is irrelevant, unless you're willing to launch a court claim for whatever amount you think you might be due.

Micky

Thanks.


If this issue does involve loss of bargain then it does not mean that legal action would automatically follow.

wgl2014

Micky wrote: »

Thanks.


If this issue does involve loss of bargain then it does not mean that legal action would automatically follow.

Not unless you pursue it.....

Whilst it is possible to start legal proceedings in any number of scenarios it won't be worth it a lot of the time.

If it's something that you are seriously considering then speak to a solicitor specialising in the appropriate area (contract law at a guess).

Out of interest what kind of ballpark figure do you think the wheels are worth?

AdrianC

Micky wrote: »

If this issue does involve loss of bargain then it does not mean that legal action would automatically follow.

OK, so let's say it does involve loss of bargain, but you won't pursue it legally.



So what then...? You get a nice little glow of internal self-satisfaction? Because you aren't going to get any m-o-n-e-y...