Car dealer backs out of deal after I paid deposit

Brand0

AdrianC wrote: »

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

Exactly. Buy with confidence...

BoGoF

You keep avoiding the question - what do the terms and conditions say about when a contract is formed. You did sign something?

POPPYOSCAR

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.

Quite possibly.

My Oh was once given a deal and when contacted them to go ahead was told it had been sold.

He got my father to go in and enquire about it and the same salesman proceeded to try to sell it to him.

To cut a long story short he got the car and at the price agreed.

AdrianC

Brand0 wrote: »

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

You haven't paid for it. You've paid a holding deposit on it.

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.

And you've been answered that, many times by many people.

Repeat: No, you have no consumer right to anything bar a return of your deposit. You have no right to expect restitution for your consequential losses.

We do not even know yet that the cancellation of the sale is outwith the terms and conditions of the conditional sale contract formed by payment of the deposit.

All I want is the car.

The term you are after is "specific performance" of the contract. And that ain't happening...

In this case, their decision to withdraw the car from sale is due to an electrical fault. What if it had been a substantial mechanical fault, requiring a new engine? Or body damage sustained post-agreement?

BMW's error should not put me out a penny.

It hasn't.

The decisions you took prematurely have done that. Pretty much no contract ever covers consequential losses - simply because they are impossible to quantify, and they are open to abuse.

You're trying to claim for having over-enthusiastically pre-purchased accessories specific to that exact type and colour of vehicle... It's not a big step from there to "Oh, but I rebuilt my garage specially to accommodate that car, so you owe me the cost of the building work." or "But I had a photoshoot lined up which I would have been able to derive substantial income from - you owe me that income..."?

You want to claim for ongoing car hire costs. What's wrong with your old car that you can't continue to use that? Why can't you change your purchase to another vehicle they have in stock? How long do you expect them to cover the hire costs - until you find something that may not exist - another car to your preferred precise spec...?

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.

I admire your optimism.

What appears to have happened here is that they did check, and deemed it fit for their approved-used scheme. However, when they carried out the PDI on it, they discovered something that had been missed.

Would you prefer that to have been discovered post-sale?
Their legal obligation would have extended no further than a refund of the purchase price...

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

You mean you viewed the car and agreed to purchase it without noticing it had a pair of illegal tyres on it...?

a bit cheaper than replacing the ECU on this car (that's what I was told it was)

ECUs rarely just fail. Has something taken it out? What? Water ingress? A chafed or damaged loom?

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

Good luck - the supplier may agree some kind of goodwill payment. However, they are under no legal obligation to do so. Their legal obligation ends at a full refund of the monies you've paid.

Dan-Dan

I reckon they discovered the indicators appeared to be actually working and they couldnt have that

debtdebt

Sue them for your out of pocket expenses in the small claims court then if you think you've been wronged. So many people come on here moaning and yet when it comes to the crunch, they don't issue Court proceedings because somehow in the back if their mind, they know they're on a hiding to nothing.

If you truly and honestly think you have a case, go ahead and sue the garage. Take it all the way to a small claims hearing and sit there in glowing satisfaction when the Judge awards you your full claim plus interest and reasonable expenses. You can then post a redacted copy of the judgment on here and we'll all be in awe of your legal prowess and moral compass.

Scrapit

I'd rather have a new ford than a second hand Beemer. Especially one that's a write off. But I'm snobbish like that.

[Deleted User]

AdrianC wrote: »

...And you've been answered that, many times by many people...

...Good luck - the supplier may agree some kind of goodwill payment. However, they are under no legal obligation to do so. Their legal obligation ends at a full refund of the monies you've paid...

Yes but none of the answers were the one he was looking for so they obviously don't count.

You should already know that they'll be back claiming a £500 goodwill payment.

Dan-Dan wrote: »

I reckon they discovered the indicators appeared to be actually working and they couldnt have that

Excellent, I suspect that will go over too many heads.

born_again

roddydogs wrote: »

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

No. Why would they waste money. When if it does not sell they will just move it to a auction or a 3rd party.

Have you ever known a dealer test drive a P/X (assumption) car? I never have. Most do not even look at a car now. Just ask for details and look in the book.
Surprised me when I bought my last 2 new cars.... Even said please go and look yourself.. But they were not interested in walking the few yards to where it was parked.:eek:

almillar

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.

If a grand piano fell on top of it, and they offered to repair it fully for you, you would want that? People come onto this forum trying to reject cars that have scratches (that will be repaired) on them! How much repaired damage on a car are you prepared to accept?

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.

That's just unlucky, and you can't blame the dealership for that. Wait till you've got the car next time. And they'll be well placed to find a different car for you.

If you really want to get stuck into this, go and inspect the car again, and buy it, cheaper, sold as seen, and get it repaired yourself. You'll lose all those lovely dealership benefits though. They don't want to repair and stand over the car - this should tell you all you need to know.

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.

Sure. So read your contract. What does it say about each party's right to pull out, the reasons for doing so, and any penalties for doing so?

All I want is the car.

The car is broken. How much is an ECU for it, if that's what failed? I mean, there is a CAR SALESMAN REFUSING TO TAKE YOUR MONEY! Does that not tell you to run for the hills?!!