jasonwrxowner

No they can't. If he agreed on a delivery time and thay have have not delivered in that time line then they are in breach of contract.

Did he get anything in writing from them tha stated delivery times, agreed PX value, etc.

The best thing he can do is go to the salesmans manager and raise the roof. If he gets no joy there then go to the area manager, etc.

Car dealerships operate under a govening body to ensure fair trade and can be reported to it.

He is entitled to his deposit back due to their failure to maintain the contract that thay had with him.

[Edited by jasonwrxowner - 11/8/2002 3:16:54 PM]

gareth60

It's not for me, but for a friend.

A friend of mine is / was in the process of buying a new Seat Leon Tdi. He has been waiting about 4 months because it was a special order because he order leather interior. Any, at point of order, the Seat dealership were were happy to give a PX value of £9000 for his Audi and even up to a week ago, this was still the case.
Now they are only offering £7000 even though it's book value is still £9000.

My friend has now decided that he has had enough, long wait, rude dealer, not keeping him informed and or course the above mensioned px value. Today he told the dealer that he didn't want the car anymore and was prepared to loose the £500 deposit.

The dealer at this point got very stroppy and said that he had to buy it, or the dealership will take him to court to get the money.

My question is, is the dealer talking cr@p or can they do this?

Kind regards
Gareth

MarkO

As far as I know, the whole point of the deposit is that you lose it if you pull out of the sale, and that's the dealer's compensation for losing the sale. So if your mate's prepared to lose the £500, the dealer shouldn't have a leg to stand on.

(BTW, IMNAL)

Tommy 2000

Citizen's Advice Bureau is probably worth a call mate...

MAC76

Speaking from experiance, your friend needs to read the sales agreement he signed. Some will state that he does have to proceed with the purchase even if the car is delayed etc etc. Being a main agent i would place money on them having this clause on the sales agreement. As far as i am aware if this is the case and the order is signed by the customer they can take you to court !
I could be wrong, check it out though!
Mart

MGJohn

Not a Legal expert but here's my tuppence-worth.

Firstly, has news that the "special order" is finally available for delivery been passed to the buyer?

One of the many disadvantages of any "special order" is the usually long wait for delivery. Cancellation at a much later stage could mean the dealership having real problems selling that "special order" at a realistic figure because other potential buyers may not want that specification car. So, the dealer could be well lumbered with a difficult to sell new car. Other potential disadvantages for anyone placing a "special order" because these things take time means part exchange values can and do drop in the meantime. New prices/car taxes can also increase meantime so a buyer could be in for a treble whammy by the time that "special order" finally arrives ....

Having said all that, 2000 quid does seem excessive, but it could all be genuine taking into account the above factors. Maybe the dealer knowingly offered far too much in p/x to clinch the deal in the first place whilst at the same time allowing for the possible (certain?)long delay to alter the terms as a long stop.... Just guessing but human nature ... such things DO go on. It could all be perfectly legal.

I'd certainly be interested in the outcome ....

gareth60

Thanks for you help guys. My mate is going to go through his documents tonight and read all the small print.

Thanks again
Gareth

gareth60

Just to let you all know, my mate had to buy this car. It didn't turn out to bad in the end, but it just goes to show that you need to read the small print before you sign...

Thanks all
Gareth.