Unknown to the dealership I had bought the car from, another dealer in the group had also sold the car.
I am now the owner of a receipt detailing the car I was buying (year, mileage, model etc), and the car I was trading in. Receipt is signed by both dealer and myself. I have verbally told them I need this sorted out by the weekend.
I would be most happy for the dealer to say the car was available again, and that I can pick it up. However, if this does not happen, am I right to believe the dealer has to supply me a car of equal or better standard contained in the receipt? What should be my next steps if nothing materialises this weekend?
As always, your advice is appreciated.
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Had you paid for the car in full?
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local yokel - I had left a deposit with them with the balance to be paid on day of exchange.
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Realistically, you should aim to be returned to the position you were in prior to the deal. You could try for expenses, and even sue for the lost opportunity, but that would be hard work.
Although if the receipt shows you are the owner then perhaps the car is now stolen?????
I don't think you can trust a dealer who sells a car he doesn't own. Of course, it might be a genuine mistake, in which case the organisation is incompetent.
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He could go for "loss of bargain" if he finds a similar car elsewhere for more then claim the difference from the first seller. But as you say it will be hard work.
Probably not worth it, wait for the apologies to come from the seller and ask for a sweet deal on a different car.
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As the dealer would no doubt keep the deposit if the buyer cancelled, how about the dealer returns double the deposit?
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you have a reciept saying you have paid a deposit.
Its return is all you are entitled to.
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TourVanMan TM < Ex RF >
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This happens all the time, normally when the other branch sells the car at a higher margin, or saves the transport costs. There is no excuse for it - surely when the generate an order the car would be marked on the system as sold and thats that, so they must do it intentionally.
I personally wouldn't put a deposit down on a car I hadn't seen. If its as described the dealer should have nothing to worry about the buyer pulling out.
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You have a contract and it's the dealer's fault they're in the position they're in. They have to sort it out.
Practically, though, you or the other buyer is going to be disappointed and I think the view a court would take is that the dealer needs to put you in the position you should have been in under the contract (not, I think, the position you were in prior to that). So the "same" car (model, year, mileage, deal) more or less, and with the dealer taking any loss if they can't quite match what you were getting.
I would also be expecting a better-than-otherwise-expected deal.
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You have a contract
But does chocka have a contract? If so he should check the wording and then it should become clear exactly what his position is.
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L\'escargot.
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I'd suggest that this is the time to be all sweetness and light, not Mr Angry, and tell the dealer that "I'm sure you feel bad about it, and I know from your reputation that you'll come up with a solution to make me happy". Give them 48 hours (well 72, because there's a Sunday" to get you another car, and suggest (if you need it) that they loan you a courtesy car in the mean time.
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You need to find out what the contract's legal meaning is. I would guess, as someone has stated, that you could sue them for breach of contract. You could then claim for any loss. There might be expenses from not having a car, or missing an opportunity to buy an alternative car on offer, but now sold. I'm sure a clever lawyer could come up with something. But maybe it is best to be nice at the outset, and see what they do. A good deal on another car might be worth having!
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Chocka,
Ask for your deposit back and find somewhere else who actually has the car and can sell it exclusively too you.
They do not deserve your business. There are plenty more fish in the sea.
Carse
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Suing and creating bad feeling will get you the worst deal the dealer can legally get away with. Local Yokel's approach could well see you come out of it with a smile on your face and a bit of goodwill to offset against future dealings.
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"loss of bargain"
Thanks horatio, that's the phrase I was looking for. Loss of bargain.
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Moral of the story, when buying a car ask a "sold" sticker is put on the windscreen, and alter the contract to say if they back out of the deal they will owe you double the deposit.
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Sorry if I've caused confusion. I agree, suing is pretty much pointless. Try the co-operative approach.
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Turn this around, you agreed to buy a car and left a deposit and signed an order form, but you then change your mind.The garage would keep your deposit but many would also pursue you for lost profit on the deal. This does happen,as I know someone who had to cough up several hundred pounds.
Therefore what's good for the goose etc.
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