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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I have an agreed part-exchange deal agreed with a car dealer.

Resolved Question:

I have an agreed part-exchange deal agreed with a car dealer. The contract paperwork specifies the price they are paying me for my car and the price I am paying to buy their car. They have the v5 document and tear off form has been competed and posted to the DVLA.
I have provided them with all the history of the car although this was not a pre- condition of the sale. Now they have the documentation they have asked to inspect the vehicle in their workshops subject to the deal going ahead. What is my position.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Are you asking if you can stop them doing that?
Customer: replied 2 years ago.
No. What if they try to renegotiate the agreed price or pull out of the deal
Expert:  Jo C. replied 2 years ago.
Thank you.
In short, it depends whether the price that you agreed was unconditional or they said that it was dependent upon the condition of the vehicle.
Probably, they did not say anything about the condition of the vehicle from what you say and if they try to cancel or renegotiate then they will be acting in breach.
However, the difficulty is that this may be a contract very difficult to enforce. Ultimately you cannot force them to purchase if they refuse and, since you still have the vehicle to sell, their breach would have caused you very limited loss. You can only claim compensation for your loss in the UK.
If you have to sell to another at a cheaper price then there is an argument that you would have a claim for the difference against this dealer and that is probably Small Claims Court sum so it would be easy enough and cheap to sue if it came to it.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Thank you. What I expected but worth asking

Expert:  Jo C. replied 2 years ago.
No problem and all the best.
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