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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My wife part exchanged a car at a national dealer for £28,500

Resolved Question:

My wife part exchanged a car at a national dealer for £28,500 for a new vehicle £24,499 plus £4,001 cash. Only £4,000 was paid into her account 10 days after the vehicles had been exchanged and after she had complained about the lack of power in the new vehicle. as the full amount has not been paid is the car now legally owned by the dealer?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

When was the purchase please?

Alex Watts :

Did she not test drive the vehicle beforehand?

Customer:

Hi Alex,

Alex Watts :

Hello

Alex Watts :

Are you able to respond?

Customer:

The contract was signed by my wife on 24th June 2014, I believe. She received the new vehicle on 30th June 2014 and complained straight away about the lack of power. She did test drive a similar car (we believede it to be the same 1.2L) but is adamant that this was far more powerful than the one she has now. Does the outstanding £1 payment mean that the dealer has not fully fulfilled his part of the agreement and is therefore not the legal owner of the exchanged vehicle or just that they owe my wife £1?

Alex Watts :

Sadly no

Alex Watts :

This could be breach of contract and technically she could sue for loss and damage, the £1

Alex Watts :

She is the legal owner if she has taken possession etc

Alex Watts :

She can get the vehicle examined to see if it is working ok

Alex Watts :

However case law shows us that unless a car is literally falling apart or wont actually run, you can't reject it

Alex Watts :

But she can get it examined or indeed a second opinion of the vehicle

Alex Watts :

But sadly its not breach of contract in that she can return the car because of the £1

Customer:

So just to be clear they just owe £1, even though they have not fully satisfied their part of the agreement.

Alex Watts :

Yes. Its breach of contract

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

But get a second opinion or the vehicle inspected

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

So, she now has no claim at all on the exchanged vehicle, only the outstanding £1

Alex Watts :

Sadly that is correct.

Alex Watts :

Even if they had not paid the £4001 there still would not be a claim, only for the money

Customer:

OK thanks for your advice. Bye

Alex Watts :

Thank you.

Alex Watts :

If this answers your question might I invite you to rate my service today

Alex Watts :

If the system wont let you or you need more help please click reply

Alex Watts :

Good luck with this.

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