Car dealer backs out of deal after I paid deposit

Brand0

unholyangel wrote: »

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.

At least one of you is answering the question as a technical or logical issue. These are my thoughts exactly. If I ordered something and they damaged it I would indeed expect them to repair it - as they are running a business and with that comes risk.

As for them not doing their checks BEFORE putting it on sale, that is not my problem. Also I don't see them as 'doing me a favour' this is an authorised dealer - you pay the extra because you know it will be legit. Bottom line is I had another car lined up which has now gone (so I must extend my hire car agreement), I also borrowed money specifically to stretch for this car. I also already bought a couple accessories for the new car which will be useless unless I get the same car in the same colour. I'm basically out of pocket and that should not be the case, IMO.

Brand0

debtdebt wrote: »

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

It's not Nobby's cars we're talking about here. And it's not a Ford. A BMW brought up to tip top condition by the manufacturer and given a warrantee for a year? This would be bad because?

AdrianC

Brand0 wrote: »

At least one of you is answering the question as a technical or logical issue.

You mean "giving me the answer I want to hear"? Life doesn't work like that.
This isn't a "technical" issue. Yes, the car probably can be repaired.
This isn't a "logical" issue.
This is simply a legal/consumer/contract issue.

I bet if you read the terms of the contract you agreed, there is the right to withdraw if issues are found with the car which place it outside the approved used scheme's scope.

Also I don't see them as 'doing me a favour' this is an authorised dealer - you pay the extra because you know it will be legit.

Exactly.

And now they're saying "This is not a car we want to put our name to. It does not meet our approved-used standard, so we will not sell it."

Bottom line is I had another car lined up which has now gone

What do you want out of them?
You will not get any compensation for costs arising from missed opportunities to purchase elsewhere.
You will not get enforced performance of the contract.
The best you will get is what you've been offered - a full return of your deposit.

(so I must extend my hire car agreement),

"Must" is not the case - there are other options available to you. It's entirely your decision to be so exacting about what you wish to buy, and are unwilling to go for any other car which is currently available. It's that decision on your part which is extending the hire car requirement.

I also borrowed money specifically to stretch for this car.

I'm sure they offered finance, but you preferred to take it elsewhere? If you'd taken theirs, it would have not been drawn down, because you never bought the car.

I also already bought a couple accessories for the new car

Again, your own decision to buy things for a car you did not own.

I'm basically out of pocket and that should not be the case, IMO.

All of which are entirely down to your own decisions, and are not their liability.

Let's take a slightly different look at the scenario. Let's say they didn't pick up on the issues, and you took delivery. The faults became apparent a week after purchase. You would not have had a right to insist on a repair, if they preferred to return your purchase price.

Mercdriver

Brand0 wrote: »

At least one of you is answering the question as a technical or logical issue. These are my thoughts exactly. If I ordered something and they damaged it I would indeed expect them to repair it - as they are running a business and with that comes risk.

As for them not doing their checks BEFORE putting it on sale, that is not my problem. Also I don't see them as 'doing me a favour' this is an authorised dealer - you pay the extra because you know it will be legit. Bottom line is I had another car lined up which has now gone (so I must extend my hire car agreement), I also borrowed money specifically to stretch for this car. I also already bought a couple accessories for the new car which will be useless unless I get the same car in the same colour. I'm basically out of pocket and that should not be the case, IMO.

What contract gives you the rights to recovery of consequential losses? There aren't many that do, I doubt your sales contract with BMW allowed for consequential losses.

BoGoF

Very snobbish attitude you have their OP - what makes you think a BMW dealer is 'all that'. Car salesmen are car salesmen and those in that dealership have probably worked at 'lowly' Ford at some point.

Anyways, what makes you think a contract was even formed here? Payment of a deposit doesn't make a contract. What do the T and C's state?

foxy-stoat

Brand0 wrote: »

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

You have been paid your deposit.

Can you return the accessories you bought, if you bought them online you probably can.

You will continue paying your car hire as you need a car to get about on so you are getting the benefit.

Brand0

BoGoF wrote: »

Very snobbish attitude you have their OP - what makes you think a BMW dealer is 'all that'. Car salesmen are car salesmen and those in that dealership have probably worked at 'lowly' Ford at some point.

Anyways, what makes you think a contract was even formed here? Payment of a deposit doesn't make a contract. What do the T and C's state?

It's the main dealer bit I was trying to accentuate. But it's true that BMW, Mercedes etc are 'premium' for good reason. I can say that as I've owned 2 Fords, 1 Austin, 1 Rover, 1 Honda, 1 Audi, 1 VW, 1 Vauxhall, 1 Mercedes and 2 BMWs. There's no going back to Ford etc. If that makes me a snob, I'm a snob.

The fact we haggled over price, then I was asked for my account details and I paid - this is what makes me think a contract was made. I'm no lawyer but I understand there does not need to be anything written.

AdrianC

Brand0 wrote: »

It's the main dealer bit I was trying to accentuate.

And the car was part of the manufacturer approved-used scheme?

Brand0

AdrianC wrote: »

You mean "giving me the answer I want to hear"? Life doesn't work like that.
This isn't a "technical" issue. Yes, the car probably can be repaired.
This isn't a "logical" issue.
This is simply a legal/consumer/contract issue.

AdrianC I've come to this forum as I feel wronged as a consumer after having agreed and paid for something and want constructive advice.

What 'I want to hear' is whether or not I have any 'rights', having agreed a sale and paid a deposit in the same way others may ask if they have any right to their deposit back should THEY renege.

Your (and others') judgemental approach is not helpful - I do wonder why you are contributing if you only want to judge. I'm asking for advice based on knowledge of consumer law/rights or experience/knowledge of similar situations.

All I want is the car. I don't want compensation. I mentioned my financial loses as a point of principle. BMW's error should not put me out a penny. When you go to ANY main dealer as a customer you expect the cars to have already been deemed fit for sale, if not ready. That's why you go.

FYI - my last BMW was bought from an 'ordinary' car dealer. The car failed it's MOT before they released it so they bought two new tyres so that it could pass - a bit cheaper than replacing the ECU on this car (that's what I was told it was) but that should make no difference IMO.

I've spoken to BMW general manager and waiting for a call back. I will update.

foxy-stoat

Brand0 wrote: »

The fact we haggled over price, then I was asked for my account details and I paid - this is what makes me think a contract was made. I'm no lawyer but I understand there does not need to be anything written.

You have missed the point, lets say they went ahead with the sale, you find a major fault, after buying insurance and VED and driven it for 3 weeks.

The procedure is you return the car for a repair - if they cannot repair then you reject the car for a full refund. They still wont pay for the VED and insurance.

Maybe speak to a solicitor for a free half hour and get it from them how you should proceed.

So you are winning here and haven't been violated at all.

Put your efforts into finding another car.