Used car deposit paid - dealer revoked sale

Hydreliox

Hi there,

I would like to outline the awful time I have had with an established car dealee.

A lot to say....

I went to view, test drive and paid a deposit on a used Volkswagen Touareg on 30th April 2019 at the dealer, with the agreement to take collection the following week on 7th May 2019 after them providing a service and MOT on the vehicle and any faults would be rectified if found during that time.

Firstly during the purchase phase there was confusion over warranty and eventually one month offered. Poster in store advertises all cars with warranty but this is completely false and they were in some difficulty trying to explain to me why I wasn't entitled to it.

I therefore agreed to pay for a 12 month warranty but this was then also revoked by another staff member who was not dealing with my purchase as it fell out of their policy on older vehicle. This was after it was on the table in front of me and right before making a payment.

No follow up email after deposit paid and before delivery as promised. I wanted something in writing agreeing the work that myself and Sales Executive said would be done before delivery. I had to prompt for this 4 days after viewing and paying a deposit on the vehicle, 3rd May 2019. Eventually got an email back that I need to wait for the service manager to confirm the work (This contrasts that this was already confirmed upon placing the deposit).

This was then followed up by a phone call from the sales executive that they would be pulling the vehicle from sale as they had found a series of faults and it was not financially viable for them to fix and sell me the vehicle as agreed.

I followed this up by trying to speak to a manager in this branch, none of whom were available. I was redirected by the helpful reception staff to a General Manager at a different branch. The GM listened to my concerns and informed me that he would look into the matter and call me back. This was done professionally and quickly. He then informed me that issues had been found with the vehicle and initial dealer branch will not be honouring their side of our agreement (taken in good faith) and will not provide me with the vehicle.

I then asked to elevate this to his superior so I could further outline concerns. This is when I received a call from an Regional Director. Firstly, in my opinion, he was brash and rude in tone over the phone. He did not want to listen to my concerns, spoke over me, verged on aggressive in tone, in a condescending manner told me that "I would be upset if he hadn't called me before the weekend." and failed to provide good reason (in my opinion) for not providing the vehicle.

He informed me also that they would be refusing to provide the vehicle as it was not fit for purpose (having been previously told in fact it was not financially viable for them to do the work and provide the vehicle) and entering into an agreement during negotiation with the sales executive and taking my deposit that the vehicle would be provided fit for purpose.

It was then I highlighted that in my opinion that by taking a deposit and the sales executive, initially agreeing that the vehicle would be supplied to me in an appropriate condition following a service that they were removing their side of this agreement. I was told that this was the case, they would refund my deposit (no mention of my lost interest for money in the account and travel costs being included) and that the vehicle would be going to auction in this state for a lower price if I wanted to buy it there. I did not consent to this. Apparently by not completing the final payment dealership are under no obligation to honour their side of the deal and supply the vehicle in a state fit for purpose, although my intention is to collect the vehicle in 7th May 2019 as per my Vehicle Order Form.

I also would like to highlight that if no prior inspection had been done on the vehicle to determine its roadworthiness prior to test drive (and deposit being taken) whether I or passenger had been placed in a potential situation.

£145 *admin fee* added to purchase price. This is on their website and in store but IS NOT on the advert from a third party where I made my enquiry from. The sales executive tried to tell me it was there. Just a bit of a sting in the tail after traveling to view a vehicle at one price and finding out it is another.

In summary, a unacceptable experience unfortunately. I would not recommend your business nor would I advise to your future customers, if asked, that any deposit paid will lead to the conclusion of the sale. This was not highlighted in any terms or conditions during the sale. In all conversations with various levels of sales executive and area director only a flirting apology was offered by the General Manager, at the branch.

Currently they still have my deposit for a car that I am supposed to be taking delivery for on 7th May 2019.

I would like to state that I have not at this time agreed to receive a refund for the Vehicle Order Form stating the vehicle intent to purchase.

So, besides and overall terrible experience, do I have any legal rights in regards to this vehicle? I just want to know where I currently stand, or if all the balls are in their court. Are they under any obligation having taken a deposit to honour their side of the deal, irrespective of the financial ramifications it may have for them?

Thanks everyone.

a.turner

So they took in a lemon and failed to sell it on to a consumer. Good on them.

How much was your deposit? I can't imagine at 0.2% you've lost much interest.

waamo

There is an awful lot of waffle in that. Lets try and boil this down. You saw a vehicle and paid a deposit.

They now don't want to sell the vehicle to you, because it's an absolute shed of a vehicle, and will refund your deposit. Is that it?

hollydays

Op never returns..

bris

They found serious faults and you still want to buy it? An obvious wind up.

Hydreliox

I'm still lurking.

Yeah, maybe a lot of waffle in there, long week and peeved off - my apologies for venting it here.

In fact the vehicle isn't really much of a shed (it's a simple fix but clear they are trying to replace too much rather that fix the small issue - I guess lack of service knowledge).

Yes I have paid a deposit (£200) and I understand my actual lose in minimal. They have said they will refund (I did not ask nor responded my intention is to seek one). If there is a lose on interest I could of course right it off if necessary.

I am more interested in knowing what my rights are and what the dealers obligations are to provide this vehicle to me in a state that is fit for purpose, as agreed. It is more a principle and legal interest than financial for me.

Hydreliox

As above, in my experience, not a major issue.

In an ideal world they would honour what they agreed, to rectify anything found and provide me with the vehicle as per the vehicle order form. Just want to know if they can withdraw from the sale at any point as they have deemed it to not be financially viable for them to proceed as per our agreement.

waamo

If the vehicle is not roadworthy (we don't know what is wrong with it) then selling it would be a criminal offence.

If they felt it was unroadworthy then they wouldn't be allowed to flog you this shed on wheels.

Hydreliox

If the vehicle is not roadworthy then I shouldn't have been test driving it.

They have agreed to make the vehicle roadworthy by collection, during the negotiation phase and upon taking my deposit.

Not sure why everyone is assuming this is a shed. It is indeed a minor issue that they lack understanding of.

Still trying to understand my rights here, having paid a deposit and them agreeing to service and provide the vehicle to me on the agreed date.

LilElvis

If the dealer says the car is a lemon why on earth would you still want it? They usually sell anything that can be driven off the forecourt so if they don't want to sell this car then it must be in a really bad way.

Go to a VW franchise and get a decent car - you can get massive discounts off the list price for cars still within manufacturers warranty and with minimal miles. I got a Tiguan for £19k at 15 months old compared to a new price of £32k. In March we bought a 6 month old R Line Tiguan for £29k with a couple of thousand miles at a saving of £9k off a new one. Both were previously owned by VW - they're staff cars and they release a weekly list to dealers

hollydays

Hydreliox wrote: »

If the vehicle is not roadworthy then I shouldn't have been test driving it.

They have agreed to make the vehicle roadworthy by collection, during the negotiation phase and upon taking my deposit.

Not sure why everyone is assuming this is a shed. It is indeed a minor issue that they lack understanding of.

Still trying to understand my rights here, having paid a deposit and them agreeing to service and provide the vehicle to me on the agreed date.

Or a major issue that you lack an understanding of.
So, are you now going to tell us what's wrong with it.....