Used car deposit paid - dealer revoked sale

Hydreliox

A lot of assumptions taken around here.

The car was a good deal but not inappropriate for its age and condition. No discount on forecourt price was offered or negotiated. I don't believe they made an accounting error with pricing. They have found an issue that they consider to be not financially viable for them to fix and as such have rescinded their part of the deal. It seems they are unwilling to fix the fault found due to costs for them, and that is the only reason given to me.

I would indeed like the vehicle, at the agreed price in the condition at delivery that was agreed at the time of sale. Not sure how I ended up the bad guy in this for wanting what the dealer and I agreed to be delivered....

waamo

They have discovered something they consider a significant fault in the vehicle. This wasn't apparent to them prior to the sale.

As such there is a clear and significant error. They do not feel the vehicle can be repaired satisfactorily.

In that case they can cancel the contract and return each party to the position they were in before it was agreed.

Does that explain it dispassionately and objectively for you?

Hydreliox

They have discovered something they consider a significant fault in the vehicle. This wasn't apparent to them prior to the sale.

As such there is a clear and significant error. They do not feel the vehicle can be repaired satisfactorily without financial lose.

In that case they can cancel the contract and return each party to the position they were in before it was agreed.

I have made a minor amendment to reflect further facts. If that makes no difference to the case, yes it is explained in a rational manner.

If possible for anyone to provide legislation in this regard it would be appreciated. Again, this is more out of interest rather than me having an axe to grind with the other party.

Hydreliox

Can't edit.... *financial loss (not lose).

waamo

Here you go. Here is a solicitor saying it https://uk.practicallaw.thomsonreuters.com/7-107-6849?transitionType=Default&contextData=(sc.Default)&firstPage=true&comp=pluk&bhcp=1

The deal is actually significantly different to what was agreed in that the fault was not known.

Ultimately its opinion. Only a judge can truly decide. My opinion may be completely wrong and a judge decides differently. On the other hand they may well agree. It's a litigation risk.

motorguy

Hydreliox wrote: »

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.

So you know more about the car than the dealer does? OK....

How do you know they didnt find other faults?

The car has faults, the dealer doesnt want to retail it. Would you rather be one of the people posting on here about a car "not fit for purpose" and how the dealer is disinterested in their post sale problems.

Take the deposit back and move on.

motorguy

Hydreliox wrote: »

A lot of assumptions taken around here.

The car was a good deal but not inappropriate for its age and condition. No discount on forecourt price was offered or negotiated. I don't believe they made an accounting error with pricing. They have found an issue that they consider to be not financially viable for them to fix and as such have rescinded their part of the deal. It seems they are unwilling to fix the fault found due to costs for them, and that is the only reason given to me.

I would indeed like the vehicle, at the agreed price in the condition at delivery that was agreed at the time of sale. Not sure how I ended up the bad guy in this for wanting what the dealer and I agreed to be delivered....

Bingo!

Its not economically viable for them to repair and sell the car to you. They're a business, and not prepared to / in a position to take a loss.

I would say you're dodging a bullet with a potentially problematic car.

motorguy

tight4rse wrote: »

Sounds to me you've been given a bit of discount on the motor and somebody else has come in and made them a better offer.

Get your deposit back, forget about it and move on.

Genuinely - the odds of a main dealer doing this are close to nil.

A sale is a sale. They dont revoke deals on the off chance of getting a couple of hundred more.

More hassle than its worth.

Matty36

Just get your money back and move on. If they were refusing to refund you, then I could see a problem, but they are not.

You could always ask for a good will discount if you see another car of theres you like.

photome

Apart from the fault, why would you want to buy from a dealer who advertises all cars sold with a warranty.

Except the one you want to buy