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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69365
Experience:  Over 5 years in practice
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Yesterday I saw a secondhand car on a dealers site, I agreed

Customer Question

Yesterday I saw a secondhand car on a dealers site, I agreed to buy it. Whhile he was preparing the paperwork, he mentioned the amount of Road Tax that it incurred, which was double what I pay at the moment my present vehicle. This morning, about eighteen hours after signing the agreement, I have had second thoughts, due to the amount of Road Tax, can I cancel the agreement?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

Did you agree a cooling off period please?
Customer: replied 3 years ago.


No, but I did ask him if, should I have any problems with the car, even that I just couldn't "get on with it", would he have a problem with changing it, he said, "not as long as you don't leave it too long, I assured him by saying "no, I mean in the first week or so, he seemd to be sdatisfied with this.

Customer: replied 3 years ago.


For Jo C,


 


No, I have done nothing yet, only contacted you. I may have to contact the dealer and explain my predicament with the Road Tax, and tell him I am still interested in buying a car from him, but one which has a lower co2 emission and , therefore, a lower Road Tax, and see how he responds.

Expert:  Jo C. replied 3 years ago.
Thanks for the information. Overall, its quite good news.

Unfortunately, its not likely that you have rights to cancel. If you do a deal in store then you are locked in immediately. You do have automatic rights to cancel. You can agree cancellation rights under the contract which would be enforceable but commonly they have not been agreed because it wouldn’t be in the store’s interest.

It would be different if you had done the deal by distance. Then the distance selling regulations would give you unconditional rights to cancel.

If you cancel then you will be in breach of contract. However, they can still only claim the sum of their loss. They still have the car to sell and therefore have provided no consideration for this contract. The most they could claim here is some administration costs and maybe the cost of readvertising.

Please let me know if you need more information.
Customer: replied 3 years ago.

Jo C. No further questions. Thank you for your advice.

Expert:  Jo C. replied 3 years ago.
No problem and all the best.

Please remember to rate my answer.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’.

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