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Pulling out of purchase after paying deposit
Afternoon all,
Usually just pay cash for my cars, but after a few promotions I'm needing something a bit more corporate so will be doing finance for the first time. I am buying second hand from a dealership.
Saw the car on Autotrader, went to view it and had a bit of a test drive, seemed to have the spec I was after and drove fine. Discussed the terms etc and agreed on the purchase price, and was told during the discussion the warranty periods etc. Paid a deposit on credit card and signed the order form, as it was to be serviced and given a new MOT.
The dealer emailed me the order form, and the price quoted differed to what I'd actually believed I was purchasing, as they had added on a charge for an extended warranty for £800, and £300 for GardEx, which was never mentioned to me. What was quoted was what my monthly finance price would be, which was the sort of ballpark my own research suggested.
On the paperwork for the order form, the mileage from the digital odometer is 54,900, but the photos I have showed the mileage as actually nearer 56k. Not a huge amount, but the lower figure is quoted on the order form and finance agreement. The finance agreement has not been signed.
After paying the deposit, and in typical fashion, I had a notification for the same model that I've been after, same year, very similar mileage, but listed with another dealer at almost £3000 less. The cheaper one also appears to have a clean MOT history, and serviced more regularly.
I have not yet taken delivery of the first car I saw, but I am looking to withdraw. The original dealer does have a policy listed online of a 21 day money back guarantee, so planning to use this method.
Should I encounter difficulties with this though, would I be right in suggesting that the original was "not as described" and therefore I can exit that way? The order form has a clause that says I may terminate because of a legal right to end the contract because of something they have done wrong, and I think the mileage error probably meets that requirement, but just wanted an opinion.
Thanks!
Usually just pay cash for my cars, but after a few promotions I'm needing something a bit more corporate so will be doing finance for the first time. I am buying second hand from a dealership.
Saw the car on Autotrader, went to view it and had a bit of a test drive, seemed to have the spec I was after and drove fine. Discussed the terms etc and agreed on the purchase price, and was told during the discussion the warranty periods etc. Paid a deposit on credit card and signed the order form, as it was to be serviced and given a new MOT.
The dealer emailed me the order form, and the price quoted differed to what I'd actually believed I was purchasing, as they had added on a charge for an extended warranty for £800, and £300 for GardEx, which was never mentioned to me. What was quoted was what my monthly finance price would be, which was the sort of ballpark my own research suggested.
On the paperwork for the order form, the mileage from the digital odometer is 54,900, but the photos I have showed the mileage as actually nearer 56k. Not a huge amount, but the lower figure is quoted on the order form and finance agreement. The finance agreement has not been signed.
After paying the deposit, and in typical fashion, I had a notification for the same model that I've been after, same year, very similar mileage, but listed with another dealer at almost £3000 less. The cheaper one also appears to have a clean MOT history, and serviced more regularly.
I have not yet taken delivery of the first car I saw, but I am looking to withdraw. The original dealer does have a policy listed online of a 21 day money back guarantee, so planning to use this method.
Should I encounter difficulties with this though, would I be right in suggesting that the original was "not as described" and therefore I can exit that way? The order form has a clause that says I may terminate because of a legal right to end the contract because of something they have done wrong, and I think the mileage error probably meets that requirement, but just wanted an opinion.
Thanks!
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Comments
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The mileage is what the mileage is (and you noted at the test drive). The difference in paperwork on that is not what I would call materially significant IMO. It probably was 54.9k when the car came into the dealership, they've used it a bit and now 56k miles - so long as the reading is accurate that is all that matters. If the finance is PCP, then you'd want to get the starting mileage corrected.
You can probably say you never agreed the extra warranty and GardEx, so get those sums taken off the paperwork, reducing the price back to what you agreed for the car.
Beyond that you are probably down to whatever the dealers T's&C's say for the 21-day money back and / or their goodwill.
The final option is what the deposit was and whether you can bear losing that deposit to get the other car at £3k less.1 -
Appreciate that. I definitely rushed myself it seems, and maybe trusted a little more or allowed myself to get bamboozled.
For reference, this was the 21 day policy I mentioned.
https://www.bravoauto.co.uk/-/media/6ba6e8d41b584eaea8c9532d83e6b787.pdf
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