How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask tdlawyer Your Own Question

tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
73598664
Type Your Law Question Here...
tdlawyer is online now

I accepted an offer on my car by email but I dont want to

Customer Question

I accepted an offer on my car by email but I don't want to sell it now. The buyer is now saying this is a legal contract and he has the right to the purchase. How can I cancel if this is the case ?
Submitted: 2 years ago.
Category: Law
Expert:  tdlawyer replied 2 years ago.

tdlawyer :

Hello, welcome to the website. My name is Tony, I can assist you with this.

tdlawyer :

Was the sale price that was agreed close the the usual market vaue of the car?

JACUSTOMER-6697rkni- :

Yes, more or less.

JACUSTOMER-6697rkni- :

I can send or fwd the e mail trails?

tdlawyer :

Okay. Then if you have a legal agreement, you are technicall bound to sell the vehicle as you agreed.

tdlawyer :

However ....

tdlawyer :

What can the buyer really do about it? Well, he could go to court and seek an order that you sell the vehicle to him. But unless this is a particularly rare vehicle, or you sold it at an exceptionally good value (i.e. significantly less than market value), then the purchaser would usually be much better off to go and find a new vehicle elsewhere.

JACUSTOMER-6697rkni- :

Let me fwd you the e mail sections.

tdlawyer :

Okay but do remove any emails addresses or names etc.

JACUSTOMER-6697rkni- :

i am working on the string to get rid of the references as you mention. be with you ASAP

tdlawyer :

No problem.

JACUSTOMER-6697rkni- :

The string.Dear buyer,

Thanks for the query. FL13CXU.

BMW finance still has their interest in the car. We can work out the payment bits once we have

agreed a price.

Advert was for 44600. Make me a reasonable offer cash only.

It is 1 of a kind. Covered at all times. As the advert says. No dents, no scratches.

I have 2 brokers looking at it at the moment.

Kin rgds

Seller


Dear buyer,

forgot to add. It has +5 K worth of options on top of the standard BMW price. Was 65,650 a year ago.

rgds



selller

[Quoted text hidden]

18 March 2014 15:02


18 March 2014 15:04

Dear seller,

Thanks for your e mail.

Could you confirm when the car was registered pls?

Regards

buyer

[Quoted text hidden]


30 March 2013




[Quoted text hidden]

18 March 2014 15:05


Thanks .

Will be back in touch.

[Quoted text hidden]

18 March 2014 15:21


18 March 2014 17:05

Dear seller,

Having looked at the guide my offer for cash would be £39k.

Regards

buyer

-----Original Message-----

Sent: Tue, 18 Mar 2014 15:02
Subject: Re: 640 D

[Quoted text hidden]


18 March 2014 18:31

Dear buyer

Are you a car dealer? Then if you are I could understand. I have had same already from2 others.

I have an offer at the moment for 41500.

Let me know .

thanks


seller

[Quoted text hidden]


18 March 2014 20:17

Dear seller,

No I am not car dealer but have access to their info.

Is the offer you have for cash?

Regards

buyer

[Quoted text hidden]


19 March 2014 09:47

Dear buyer,

Good day. Yes, cash.

The reason why I asked is that this is known and I have had 3 car dealers all quoting the same.
They will in turn sell it on for 42 or 43.

This is why I skipped them out.

Match it and its yours today.

You will not regret this as it is the same as when it left the showroom.

The car remains under cover as it show in the picture. I had it out last week to take it to a car dealer to show him. He was impressed.

It has 4083 miles total on it now.

I will be in and out of contact today and tomorrow but will check mails and calls later on this evening.

kind rgds



seller

[Quoted text hidden]


19 March 2014 20:27

Dear Seller,

I am happy to agree £41,500. We are coming across to see my son at Notts University on Sunday so could I come and see the car?

Regards

buyer

[Quoted text hidden]


20 March 2014 11:37

Hi Seller,

As hadnt heard from you I was checking you had received my e mail?

Regards

buyer

[Quoted text hidden]


20 March 2014 12:06

Dear buyer,

Sorry not to get back. Picked up your mail late last night.

Between my e mail to you and your response ( yesterday) I have had another interested party.

I will come back to you later on this evening, as I out again in in the next half hour.

(Deadline on a project that is driving me mad)

rgds



seller

[Quoted text hidden]


20 March 2014 12:15

No problem seller

Look forward to hearing from you.

Regards

buyer

-----Original Message-----
From:

[Quoted text hidden]


20 March 2014 23:04

(dear seller),

Keen to know situation as you said if I matched offer which I agreed to of £41500 it was mine?

Would like to come and view on Sunday on my way to Notts if possible?

Can you also confirm which dealer you bought car from and who has serviced it?

Regards

buyer

[Quoted text hidden]


Dear buyer

Been busy.
Car is from BMW Stratstone Derby.
I am going to go ahead now and book it in for its first service. Figure to hand it over with a good to go for another year.

I would like to hand it over prior to my current insurance expire date which is 28 March.

I have just paid tax disc for another 6 months but I reckon I can get some of that back.


Looking at this weekends weather it will be some rain from 1200 to 1800, but best time suggest for 1300 ? ( hope not to much rain as it is pristine under its cover)

Traffic should be OK on Sunday as the Derby Notts game is for Saturday.
The A38 round-about island at Little Eaton is under construction.

Give me a call and we can talk about best approach to where I live.

( if I don't pick up at first, not too worry, I am doing some landscape work in garden so I will get back to you)

rgds



seller

[Quoted text hidden]

21 March 2014 09:26


21 March 2014 10:06

Dear seller,

Just spoken to Williams BMW in Stockport where I have my car serviced. They have advised me to obtain car chassis no which is located on the bottom of the passenger side windscreen. I need last 7 digits of this.

They have also told me that your car does not need servicing but I ask you to take the car into Stratstone and obtain a "used car prep" as this provides me with the security that the car is as advertised.

See you on Sunday.

Regards

buyer

JACUSTOMER-6697rkni- :

I have just had a new mail form him in the [past hour as I believe he is on his way to view the car.

JACUSTOMER-6697rkni- :
Here is the fresh mail just sent. 23 March 2014 10:46
Seller
I have tried calling you this morning as I am keen to view the car which I have agreed to buy.
When you sent me your e mail on 19th March and received my e mail of same you entered into a contract with me which I am now keen to complete, however you have seen fit to try and 'dutch auction' me which is not only very dishourable but illegal.
As I informed you yesterday I have taken legal advice on this matter and been advised that unless you honour your side of the contract I have legal recourse against you for damages arising from the agreed contract.
I would therefore be grtaeful if you could confirm by return if you are going to fulfill the contract agreed.
Yours sincerely
Buyer
tdlawyer :

Having looked at that, it's not clear to me that you agreed anything at all. The email of 19th March suggest he is making an offer of 41,500 because you were merely stating that you'd had an offer for that amount.

tdlawyer :

Do you see what I mean?

JACUSTOMER-6697rkni- :

I do in a way also see this and agree, but the million dollar question is will he procede to make a case of this is court? speaking with him on the phone tells me he may a very vindictive person.

tdlawyer :

No, he can only sue you if you have an agreement. It doesn't seem like you have one!

tdlawyer :

Just because he says "I agree to £xx,xxx" doesn't mean you offered to sell on that basis! you can only agree to accept an offer - I don't see one.

JACUSTOMER-6697rkni- :

OK, thanks. I have not responded back nor spoken to him since he spoke to me yesterday on the phone and threatened legal action.

tdlawyer :

Can't say I blame you if he's making threats!

JACUSTOMER-6697rkni- :

Would it be OK if I was to go back to him perhaps by phone and tell him there is not agreement as I have never put it in writing that I have agreed to sell him the car for the offer ( match offer he made?

tdlawyer :

To be honest, I would put things in writing only, that way, if he does sue you, there is a complete record of what has been said etc. Otherwise, you risk him claiming some oral agreement, which isn't what you want when you have a proper argument based on the existing emails.

JACUSTOMER-6697rkni- :

OK. any suggestions of wording?

tdlawyer :

There is any magic formula but you could try something like: "You could try something like "I do not accept that there is a contract between us. I asked you to make an offer, and informed you what I had previously been offered. You replied suggesting that you agreed £41,000, but at no point did I accept that. There is no agreement. You may take such action as you consider appropriate but I will not tolerate any further threats of court proceedings and so on from you."

JACUSTOMER-6697rkni- :

this all started yesterday due to I received a higher offer from another party and I phoned this buyer back, as he was the first in line so to speak and asked him if he can come up to match this new offer. He replied he could come higher but not the same. Then he phoned me back and this is when it all started to go pear shaped.

tdlawyer :

Ah, I see. Well, unless he can match your better offer, the outcome is perhaps fairly obvious .... :)

JACUSTOMER-6697rkni- :

So, big bottom line. If I go back to this first buyer and inform him there is no agreement i risk being bothered and I may have to higher a lawyer if this goes the distance? Both buyers are aware that in fact BMW have a right or they own the car as it is partial financed thru BMW. I have spoken to the BMW dealer where I bought it from and they are aware I am trying to sell it. I am aware that I have to buy the car outright from BMW first and then sell it onwards ( a certain amount of trust) .. my risk is now 2 fold. The first, to make the first buyer mad at me and 2nd to lose the new buyer if he walks away? its a mad world... So in an nut shell I can tell this first buyer, "sorry unless you can come higher I am in my rights to retain and sell to the other new buyer?

tdlawyer :

Yes, it's a mad world, but your summary of facts is fair.

JACUSTOMER-6697rkni- :

OK, thanks... Oh boy here goes ( I may be looking for a lawyer soon) Any other wise words or wisdom that you think may help me?

tdlawyer :

:) Not really, my only departing words are "Good luck resolving this". My gut feeling, for the reasons I mentioned earlier on market value/remedies etc., is that he will go away anyway if you choose not to sell to him.

JACUSTOMER-6697rkni- :

This is all new to me. I have never had legal threats in my life like this before. It is scary and I can see where some people buckle under..

tdlawyer :

That's the thing, some people dont want the pressure etc., which is understandable, but equally, why should they be bullied? It's always a difficult call, but it often comes down to personalities of those involved as well as the merits obviously.

tdlawyer :

I wish you the very best with resolving this, and I'm pretty sure you will :)

JACUSTOMER-6697rkni- :

thanks again

tdlawyer :

Anytime.

tdlawyer :

Is there anything elseI can assist with?

JACUSTOMER-6697rkni- :

Not sure I have sent a mail to the 2nd buyer and he informed me he is hot to trot and wiol be with me on Wednesday AM with sterling cash. Wants to now homw fast we can go to my bank to deposit this cash and to make sure I have closed the BMW bits. He wants to derive the car away same day ( he lives in Ireland)

JACUSTOMER-6697rkni- :

This is so new to me.I

JACUSTOMER-6697rkni- :

Not used to chat forums and I keep hitting the enter key to begin a new para and the message is gone prior to spell check, etc.

JACUSTOMER-6697rkni- :

But as I have gathered from your advice I will take the chance to go back to the first buyer and tell him, sorry there is no agreement and let the stones fall where they may.

tdlawyer :

Yes, there are never any clear absolutes in any of this, but you choose the path you feel most comfortable with. It's up to you how you play it, it's not for me to say, but I reckon the first guy will go away despite his threats, although obviosuly, I have no idea who he is etc. or what he's like!

JACUSTOMER-6697rkni- :

He did sound like a high flyer on the phone and he bragged about his life style. Sounds like a big time sales type guy? He may have friends in high places?

tdlawyer :

Courts dont work on the basis of friends in high places. I do have to go in a minute so if there is anything specific you wish me to address, can you let me know now please?

JACUSTOMER-6697rkni- :

No I think I am now more at ease. Thanks again for your help.

tdlawyer :

Thank you too! If you need to come back to me later, feel free to do that.

tdlawyer :

Are you happy with today's service?

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice