Depo-man

A few weeks ago I paid a car showroom a £500 deposit on a BMW 118dSE, with an agreed sale price of £8,995. I have copied their confirmation email below. The price was well below the original sticker price and the car has a very full spec (leather, cruise control etc). I was heading off on holiday so they agreed to hold the car for ten days and have it ready for test drive and completion of purchase when I returned. When I went to the showroom on the Wednesday as agreed the car had not been prepared for sale and was blocked in on the forecourt and couldn't be test-driven. The salesman was very apologetic and we agreed I would return the following Saturday at about 9.30. At 8.45 on the Saturday I received a phone call from the salesman telling me that in final prep they had run some diagnostic tests and identified a serious fault that needed to be corrected. He wasn't clear what would happen next but thought the repair would be expensive and that his manager would add the cost to the sale price. The following week I was told that this would be £2,000 added to the agreed sale price. The salesman told me that he had the buyer looking for a replacement car of the same specification for the same price. A few days later I saw the car on the dealer's website at about £9700. I emailed to find out what was going on and although I received no reply I subsequently called in person. The salesman told me his manager would not meet the agreed price but again offered to source an equivalent car. I have heard nothing more and emailed during the week pointing out that we had a contract and asking the manager to call me. So far, and despite further phone calls, no one has called me. Clearly in condensing the story I may have skipped a few details or phone calls but am I wrong to expect the dealer to honour our agreement that I interpret as a contract? I'm a cash buyer and in these difficult times thought buying a used car should be straightforward.

Asked on 15 August 2009 by

Answered by Honest John
Could be they originally made a pricing mistake. Could be the car really did have a fault. But the contract is honourably cancelled on the grounds that the car needed repairs that meant the garage could not sell it to you at the original agreed price. Get your £500 deposit back (and if they don't readily give it to you. take them to the small claims track of the county court).
Dear Honest John,

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