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Broker trying to get out of a contract
Last Sept I bought a new Toyota car from a car broker. Paid £1k deposit, the balance payable on delivery in 4-6 weeks time (Nov 21). (They bulk-buy cars from different manufacturers at a discount, their name goes on the logbook before yours and they pass it on to you on the same day). Since Nov the delivery was put back several times, blaming pandemic. Each time assuring that my order was safe & price-protected & I would get it soon. In March they said it could be by end of year. They’re now saying that the 2021 orders won’t be delivered & offered to refund my deposit. To buy the same car at today’s best discount price would cost me £6k more than my protected-price. I gave them a week to clarify if I’ll get my car. They ignored my ultimatum. I would like to know if I have a case against the broker? Can I recover the difference between my “protected price” & today’s best price? And if so, what are my chances and how much would it cost me roughly (legal expenses).
I believe they are getting my car and want to sell it at today's price.
They are now ignoring my emails and are not even offering my deposit back.
Can anyone help?
I believe they are getting my car and want to sell it at today's price.
They are now ignoring my emails and are not even offering my deposit back.
Can anyone help?
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Replies
As it stands you're entitled to your deposit back.
I know for fact that if I had ordered to Toyota directly, they couldn't get out of it. I know Mercedes and BMW tried to cancel old orders after the production delays. But faced with legal actions, they had to back down and honour all contracts. In some cases they had to provide the new higher spec later models to replace the older discontinued specs.
I believe their (the broker's) order with Toyota is protected and they are getting the car. Don't I have the same protection? Until April they were telling me my car is "price-protected". Now they have changed their Ts & Cs.
You say they've updated their Ts & Cs, which implies that there must have been Ts & Cs in force when you placed your order. Is there any reference to those Ts and Cs in the exchange of emails? Or in the advert/brochure/website which led you to place the order?
Others may have different experience, but I don't recall ever agreeing to buy a car without having to sign the dealer's standard order form.
I can understand the punter (unwisely) relying on an exchange of emails, but I'm surprised that the dealer/broker/whatever didn't insist on a signed purchase order with its associated small print.