Car dealer backs out of deal after I paid deposit

bigisi

AdrianC wrote: »

GinaShamz, is that you?

No but the OP is a close contender. The mighty M3 must have lost its appeal.

unholyangel

Mercdriver wrote: »

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.

Well given the fact such a term (limiting liability for consequential losses) is considered an unfair term in a consumer contract, that would be any any consumer contract.

But these aren't consequential losses. Its a direct loss.

OP, I suggest you pm a board guide and ask them to move your thread to the Consumer Rights board. Not saying you won't still get people telling you (incorrectly) that all you'd ever be entitled to is a return of your deposit, but you should get a larger number of replies focusing on consumer rights.

I'll also add that in breach of contract, the primary assessment of damages is to put the consumer in the same position they would have been in had the contract been performed correctly.

It is only if that is not possible that they will then seek to put them into the position they would have been in had the contract not been entered into (which isn't necessarily just a refund of monies paid).

And yes, you're entirely right that they should have checked before entering a contract to sell the car or at least made the sale conditional (known as condition precedent) on the repair bill being less than x or something to that effect.

Brand0

Thanks unholyangel. Not sure I can be bothered to be honest. After all is said and done I received a lot of hot air from these know-alls and they were pretty much all too intent on sneering at what they thought was ineptitude on my part when all I did was put a deposit on a car and expect to get it. As for advice, this forum is a missed opportunity. A shame as it has the potential to be a decent resource for people in a quandry.

At least someone understands from my point of view, which is clearly a direct financial loss as a result of the garages own misfortune. Had they not agreed the deal I'd be better off financially - not by much, but that was never the point. It just felt unjust. And I was proved right.

Bottom line is I never sought compensation - only found a car, but I've now been offered both so I was right not just to settle for getting my deposit back - as most of you opinionated experts would seemingly have done.

It was a main dealer - I'd rather not bring their name into it until I get my car - and the car in question was a 330d saloon on for £11k but I got them down a bit. It wasn't the car I was looking for but 39k miles for an 11-plate on a dealer approved car with MDFSH? I was willing to get it - even if as a short-term remedy to get rid of the Skoda hire car while I wait for the elusive 335i - or maybe 335d - (which I will be able to afford once the insurance actually pays out). And yes, there aren't many of them and yes they can be all kinds of trouble, but I don't spend my money or time anything but food and the car. And my wife. And two kids. And soon a cat.

mcpitman

Brand0 wrote: »

Only petrolheads get it.

And you certainly don't.

bengalknights

Brand0 wrote: »

Thanks unholyangel. Not sure I can be bothered to be honest. After all is said and done I received a lot of hot air from these know-alls and they were pretty much all too intent on sneering at what they thought was ineptitude on my part when all I did was put a deposit on a car and expect to get it. As for advice, this forum is a missed opportunity. A shame as it has the potential to be a decent resource for people in a quandry.

At least someone understands from my point of view, which is clearly a direct financial loss as a result of the garages own misfortune. Had they not agreed the deal I'd be better off financially - not by much, but that was never the point. It just felt unjust. And I was proved right.

Bottom line is I never sought compensation - only found a car, but I've now been offered both so I was right not just to settle for getting my deposit back - as most of you opinionated experts would seemingly have done.

It was a main dealer - I'd rather not bring their name into it until I get my car - and the car in question was a 330d saloon on for £11k but I got them down a bit. It wasn't the car I was looking for but 39k miles for an 11-plate on a dealer approved car with MDFSH? I was willing to get it - even if as a short-term remedy to get rid of the Skoda hire car while I wait for the elusive 335i - or maybe 335d - (which I will be able to afford once the insurance actually pays out). And yes, there aren't many of them and yes they can be all kinds of trouble, but I don't spend my money or time anything but food and the car. And my wife. And two kids. And soon a cat.

Did the dealer state what the issue was on the original car? Usually when they withdraw the sale its either due to undiscovered damage or in the case of premium cars discovering the mileage has been clocked.

DoaM

Brand0 wrote: »

but 39k miles for an 11-plate ...

Is only ~4.5k miles per year ... as it's a diesel I'd wonder how those (very low) miles were done and whether there were problems up ahead (DPF for example).

waamo

bengalknights wrote: »

Did the dealer state what the issue was on the original car? Usually when they withdraw the sale its either due to undiscovered damage or in the case of premium cars discovering the mileage has been clocked.

It had apparently been used as a boat which had done the entire electrical system no good. Coupled with brakes that had a habit of not braking and a suspension that was gone.

AdrianC

bengalknights wrote: »

Did the dealer state what the issue was on the original car? Usually when they withdraw the sale its either due to undiscovered damage or in the case of premium cars discovering the mileage has been clocked.

Post 33
Cracked suspension and wheels, collision damage, flood damage leading to electrical issues.

It's being sent to Copart.

And the OP still wants them to fix it and sell it to him - even though it's a different body, engine, fuel to the car he really wants...

facade

Brand0 wrote: »

Drive a Beemer with big engine and lots of power - there's no turning back. A wet roundabout on a clear night is like the holy grail.

The E21 I had only had a tiny engine, and it spent most of its time in the wet trying to turn back by itself


However, even a Total Driving God like myself couldn't stop it rusting, even if I could keep it facing the right way, the only car I had that could equal it for rust was an MG Montego. :eek:

Guesses

Mercdriver wrote: »

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

Without assumptions, you're simply taking what you've been told as the truth.

And you should never, ever automatically believe any words that come out of the mouth of a car salesman.