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Contract law?? Car purchase?

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Comments

  • owen_money
    owen_money Posts: 764 Forumite
    Jetjockey wrote: »
    Yes, I did buy the parts the day before the money changed hands, I purchased a bonnet online,
    Thanks.

    How much do you want for the bonnet?
    One man's folly is another man's wife. Helen Roland (1876 - 1950)
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    owen_money wrote: »
    How much do you want for the bonnet?
    For "a Picasso"?

    Xsara, C3, C4 I, C4 II?
  • foxy-stoat
    foxy-stoat Posts: 6,879 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    Anyone else thinks the OP has lost £50 out of the deal?

    This must be a wind up....even if you bought this car from a trader and wanted to return it, you still got all your money back and you haven't had to pay for insurance and VED for the vehicle...not even put fuel in it.

    Your quids in - move on.
  • NBLondon
    NBLondon Posts: 5,709 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Jetjockey wrote: »
    A few days ago I negotiated the purchase of a used car from a chap I was introduced to by a friend.
    but later
    Jetjockey wrote: »
    Regards the car being bent (again)....... I’ve known of the owner for several years and he’s owned the car for the last two years! Once and for all it’s not bent!
    Known of the owner but not actually known him? Neighbours - friend of friend - member of Picasso owner's club?
    Jetjockey wrote: »
    In addition, the third party friend is known equally by both myself and the seller so is effectively impartial.
    Now is this the friend who introduced you; the friend who got the parts or another friend? Or all one person?
    A price was agreed £550, and the following morning I met the chap at a local cafe and paid for the car (cash) and the owner handed me the documents.
    The seller then took the £500 from his wallet, threw it down on the garden wall, got into the vehicle and drove off despite my protestations.
    So he owes you £50 for a start.... and you've still got some documents (but not a receipt).

    And this local cafe was too far to walk to - so instead of walking there and driving your new car home - or getting the friend to drive you there - you took your current car there so the seller could deliver the Picasso to your house after the deal. Any reason you didn't want him to just bring it to your house and do the deal before you or mutual friend give him a lift home? Did you already think he was a dodgy character....

    Over a £500/£550 car that needs work? Like others have said - it'll likely not be worth the time/effort/cost to enforce the contract. Even if it's a very rare specification that might one day be collectable and this is a dispute between Citroen nerds.
    Your advice would be appreciated if you have any constructive input to make.
    Hmmm - expecting a challenge already? Experience of trolling perhaps....
    I need to think of something new here...
  • 01afraser4
    01afraser4 Posts: 130 Forumite
    Sixth Anniversary 100 Posts
    edited 1 April 2019 at 11:29AM
    Out of curiosity, what made the seller change their mind about handing over the car between the cafe and your home?

    Also please update us once you have received advice from a solicitor - I'd be interested to hear what your next steps are.

    In terms of advice I can give, I think you are cutting your nose off to spite your face.
  • NBLondon
    NBLondon Posts: 5,709 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Car_54 wrote: »
    It's not just a question of law, but of practicality. If you get a court to order the return of the car (and it's a very big "if", and could be costly) and the seller has disposed of it in the meantime, what then?
    01afraser4 wrote: »
    Out of curiosity, what made the seller change their mind about handing over the car between the caf! and your home?
    Another Citroen fan offered £750 for it ?
    I need to think of something new here...
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    I was assuming the £550/500 difference was a simple typo on the OP's part - if it'd really been fifty quid short, they'd have been shouting about that.
  • Mercdriver
    Mercdriver Posts: 3,898 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper
    Jetjockey wrote: »
    Hello again, and thanks waamo, that’s nice clear sensible advice.

    BogOff obviously does have a problem, hence the sarcasm in his reply (happy now?)

    It also matters not whether AD is a valued contributor or not, he got it wrong and I quite rightly pointed it out.

    Finally, regards a decent reply (which is all I was asking for), I have now looked up contract law and the items “Offer, Acceptance, Consideration”.

    It seems clear to me after reading the reference material that all of these criteria have without doubt been met.
    The seller made an offer in front of several witnesses, I accepted the offer in front of several witnesses, the money was paid in front of two witnesses and I took receipt of the vehicle documents and keys etc. The seller then deviously took these items back in a deliberate attempt to renage on the sale.

    I will check with a contract lawyer tomorrow obviously but it seems fairly straightforward to me.

    How many £thousands are you prepared to lose in order to be proved right?

    I 'won' a case against a property surveyor. We got a fraction of the full damages, and are now awaiting costs payment. The case rumbled on for 10 years and we have been waiting for over a year for the other side to agree costs.

    My point? Even if you win you win you will not get all your costs back. You only get what the court deems is 'reasonable'.

    My feeling is that the other party wanted to roll the deal back because he got a better offer, so likely the car is no longer in his possession, so you're stuck like a 'pig in a poke'.
  • Herzlos
    Herzlos Posts: 16,000 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    You're technically right, but you handled this is a spectacularly stupid way and it's almost certainly not worth the cost to pursue. Can you get your friend to convince the seller to hand over the car or figure out why he withdrew the deal?


    When you buy a car, you take possession of the documents and keys. Why did you need the seller to drive the car to you, since that involves another journey (seller + you/friend to yours, friend/seller to sellers, friend home, rather than you to yours, friend/seller to sellers, friend home), especially since it seems the friend was going to do repair work on it anyway.


    TLDR; Since the friend seems to be friends with the seller, see if he can sort it out amicably, but taking the legal route is going to be a waste of time and likely sour everything. You got your money back, buy another car (unless this one was grossly underpriced).
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