Used car deposit paid - dealer revoked sale

unholyangel

waamo wrote: »

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.

Thats not relevant in this scenario. A contract not making you the profit you thought it would isn't a mistake that can render a contract void (whether void ab initio or otherwise).

The problem OP has is that if he didn't get a particularly good deal, then theres the chance he can mitigate his losses for the same cost of the contract.

Blackbeard_of_Perranporth

Hydreliox wrote: »

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.

I would go back and demand they sell you the lemon.

Simby

Op you said earlier the dealer will now send the car to auction and it s likely to sell for less.

If you want the lemon so badly then take your deposit back ask them when and where it will be auctioned and go buy it at auction, and save some money.

What is so special about this car that you want it even when told it has faults,?

For once a company is trying to do the right thing and not sell you a defective product and you seem determined to make this into a bad thing.

You would be a lot more upset if they sold you the lemon and it had lots of issues on an ongoing basis.

Hunter_Jaeger

Hydreliox wrote: »

The car was a good deal but not inappropriate for its age and condition.

So to save yourself the hassle of going to court and potentially losing just go and find another one.

Hydreliox

The problem I have is the dealer in question agreed to...

1. Sell a car at an agreed price
2. Include in that price the servicing and fixing of any works required to the car
3. Take a deposit (does this create a contract where they are obliged to honour 1+2)
4. Irrespective of the faults they may or may not have found has decided to rescind the car from the deal.

It would therefore appear as a consumer that a deposit is not legally binding for them to honour or fulfill there side of the deal (even in a scenario where their poor practices have led to a financial loss). This is turn has left me at a (extremely minor) loss for expenses and interest.

Next question, how long do they have to return my deposit? If they fail to return my deposit before or on the delivery date is there an issue? If I fail to arrive as per the agreement on the delivery date for the vehicle can they legally speaking consider it void from my side and therefore I surrender my deposit.

This is not particularly about the actual vehicle itself but the rights and laws that surround my position.

Thanks

Hydreliox

Remember, the company agreed to repair any faults found during servicing. De-lemoning the vehicle ....

JJ_Egan

Take them to court for the compo you want .Buy the vehicle from the auction even if its the biggest nail on earth .



Rights and laws either take unqualified advice from a forum or pay for legal advice .

gycraig_2

Imagine how much you would be raging when the car was in for yet more warranty work. Be demanding a refund

waamo

Hydreliox wrote: »

Remember, the company agreed to repair any faults found during servicing. De-lemoning the vehicle ....

You can't make a silk purse from a pigs ear.

Like I said this is mostly opinion. If you want a definitive answer then put your case in front of a judge, it's the only way you will get the correct option.

You could also ask a solicitor for their opinion if you feel so strongly.

Hydreliox

I can indeed imagine all of the above scenarios. I just find it abhorrent that a supplier is under no obligation to honour their side of the bargain, irrespective of the financial loss to them.

My above question stands with regard to refund and my obligation to be there on the collection date to continue to honour my side of the deal so as not to relinquish the deposit.