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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70180
Experience:  Over 5 years in practice
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I signed a new vehicle order form with Audi in Cheltenham and

Resolved Question:

I signed a new vehicle order form with Audi in Cheltenham and paid 1000 pound deposit on 29th May. They called me on 5th June to say that that the car I thought I bought was no longer available to purchase. What are my rights?
Jim
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.
In relation to what? To get the deposit back or buy the car?
Customer: replied 2 years ago.

I want to get my deposit back. The Audi dealer has stated that the car we agreed on was no longer available to purchase.

Expert:  Jo C. replied 2 years ago.
Ok. So what are they suggesting should happen?
Customer: replied 2 years ago.

They want to look for similar car with same specifications or to make new factory order (3-month wait) and hold my deposit for that event. I feel that I have been treated dishonestly, and I want my deposit returned.

Expert:  Jo C. replied 2 years ago.
Ok.
Did you agree a specific date for delivery?
Did you make time of the essence in the contract?
Customer: replied 2 years ago.

No, there was no specified date in contract, however, the sales person said 2-3 weeks for delivery. I did state that I wanted the vehicle for around 20 June. The sales person told me that they can get the vehicle for that time.

Expert:  Jo C. replied 2 years ago.
It depends how far you are prepared to go with this really.
They are in breach as a date was agreed. However, they are not in breach of a material term striking at the heart of the contract and so the fact that they are late does not allow you to cancel under the contract.
That said, if you do cancel they only have a claim for the sum of their loss which would be some admin charges and no more. They do already have your deposit though. Chances are they would just return it but they could refuse. If they do then you would have to sue at the small claims court for recovery minus any admin charges actually incurred.
it is quite unlikely you would have to go that far but just dealing in worst case scenarios.
Can I clarify anything for you?
Jo
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