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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Three days ago, my Wife and I agreed to buy a car at a local

Resolved Question:

Three days ago, my Wife and I agreed to buy a car at a local official dealer (Audi). The salesman went through all the details including registration and time to collect the vehicle. We agreed the deposit arrangements and I left at that point. My Wife was to be the registered owner and she remained to complete the paperwork. Thirty minutes later my Wife called to say the dealer (part of a dealer group) had in fact sold the car to another party through another garage. They are now unable to find a car to the same spec except by offering us a more expensive higher spec example of the same model, requiring us to pay several thousand pounds extra. Is the dealer obliged to provide us with a car having agreed to sell, then withdrawn from the agreement? Is it fair that we are asked to either select another model or pay more money for extras we do not need?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Do their terms and conditions say they can cancel it or amend the order please?
Alex Watts : Did you sign a contract order?
Customer:

There was no contract signed, we did not get to that point. The sales manager simply emerged from his office to say that he was sorry but the car was sold because another individual had now paid a deposit on the vehicle. Essentially we were told that this was an unusual situation that had arisen because of the way the dealer is partnered with other garages around the country. my feeling is that this problem relates to their system so they should take the consequence of pulling out of a verbal agreement/contract and provide a care that at least meets the spec agreed in the original vehicle.

Alex Watts : Had you paid the deposit?
Customer:

He explained the £500.00 deposit on the purchase, and the cost to register the vehicle, and the further 500.00 deposit on the V5 registration document return (a company policy regarding cherished number transfers). I agreed to all this and passed my c card to my Wife, then left to get to work as the deal had been done, or so I thought.

Customer:

To be clear, the deposit was not paid

Customer:

Hello, are you waiting for more information from me?

Alex Watts : Let me look up something and come back to you.
Customer:

OK

Alex Watts : Thank you. I have confirmed the law on this. Sadly unless you paid a deposit or signed an order form, either party can pull out.
Alex Watts : Once a contract is signed or deposit paid then this forms. Comt
Alex Watts : forms a contract.
Alex Watts : Before this it is called an invitation to treat.
Alex Watts : Sadly therefore they are under no obligation to provide this car. There is currently no contract, it was an invitation to treat.
Alex Watts : I am sorry if this is not the answer you are looking for and certainly not the one I want to give you, but I have a duty to be honest.
Alex Watts : Can I clarify anything for you about this today please?
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