Car dealer backs out of deal after I paid deposit

Brand0

Hi all

I agreed a price on a car with a proper BMW dealer and paid deposit on Sunday.

Monday I get a call to say the car went to the workshop for a final checkover and they found it needed work that was too expensive for them to fix so they were removing it from sale. They say it will be auctioned.

It all happened so quick and I managed to give them my card details to credit the £1000 back.

Now the dust has settled, I'm thinking my consumer rights have been violated somehow. The whole point of getting a car from a main dealer is so I know the car will be tip-top with a decent warrantee.

So I feel I should challenge. Any thoughts? The car and spec took me ages to find so it's really put me out - especially as I managed to find two after searching for months (the other one was being held for me until I told them I'd paid the deposit..)

I'd appreciate views. I know I should just move on but still.

AdrianC

They're not just arbitrarily pulling out - the car is no longer available for sale. The contract cannot be fulfilled. (And remember not to buy it at auction...)

You'd rather they gave a shrug, did the bare minimum work to it, handed it over and then hoped you didn't discover the fault?

What if it'd been reversed into by the bin wagon...? Would you be insisting they repair it?

debtdebt

You'd rather have a car that had serious damage which may have been repaired on the cheap?

Aylesbury_Duck

How do you think your consumer rights have been violated? If anything, they’ve done you a favour.

Mercdriver

Aylesbury_Duck wrote: »

How do you think your consumer rights have been violated? If anything, they’ve done you a favour.

Dealers as honest as this prevent an ill informed rant about how the car supplied was below standard...

unholyangel

AdrianC wrote: »

They're not just arbitrarily pulling out - the car is no longer available for sale. The contract cannot be fulfilled. (And remember not to buy it at auction...)

You'd rather they gave a shrug, did the bare minimum work to it, handed it over and then hoped you didn't discover the fault?

What if it'd been reversed into by the bin wagon...? Would you be insisting they repair it?

Yes it can. :huh: The contract isn't frustrated.

If it was binding on the OP (ie couldn't pull out without losing deposit or otherwise being worse off) then it was binding on them. They can't change their mind just because its not as lucrative as they originally thought.

There are only a few mistakes which can render a contract void - mistake as to profit isn't one of them.

However, whether its worth it for what may be a small amount (their price compared to similar model elsewhere) is another matter.

shinytop

Brand0 wrote: »

Hi all

I agreed a price on a car with a proper BMW dealer and paid deposit on Sunday.

Monday I get a call to say the car went to the workshop for a final checkover and they found it needed work that was too expensive for them to fix so they were removing it from sale. They say it will be auctioned.

It all happened so quick and I managed to give them my card details to credit the £1000 back.

Now the dust has settled, I'm thinking my consumer rights have been violated somehow. The whole point of getting a car from a main dealer is so I know the car will be tip-top with a decent warrantee.

So I feel I should challenge. Any thoughts? The car and spec took me ages to find so it's really put me out - especially as I managed to find two after searching for months (the other one was being held for me until I told them I'd paid the deposit..)

I'd appreciate views. I know I should just move on but still.

Sounds like you found a good dealer. Remember they'll be p---ed off too as they've just lost a sale and may have lost money on what they paid for the car. Maybe they can help you find another car of the spec you want?

Guesses

Or the manager came in on Monday morning and they realised it had been sold too cheaply. Just phone the customer and make up some rubbish in order to void the contract. Customer can't prove anything, contract cancelled, dealership re-sells vehicle at higher price.

Mercdriver

Guesses wrote: »

Or the manager came in on Monday morning and they realised it had been sold too cheaply. Just phone the customer and make up some rubbish in order to void the contract. Customer can't prove anything, contract cancelled, dealership re-sells vehicle at higher price.

And your evidence for your rant? Beware of assumptions...

Aylesbury_Duck

Guesses wrote: »

Or the manager came in on Monday morning and they realised it had been sold too cheaply. Just phone the customer and make up some rubbish in order to void the contract. Customer can't prove anything, contract cancelled, dealership re-sells vehicle at higher price.

I can't think why you chose your username.

We can all speculate, but the only information we have is that the OP has given us.

roddydogs

Surely the dealer would have checked it before it was offered for sale, and presumably test driven?