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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69788
Experience:  Over 5 years in practice
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Can you tell me how I stand legally? I negotiated a price

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HI, Can you tell me how I stand legally? I negotiated a price for a brand new Mercedes E Class 220 Silver with Privacy Glass and paid a deposit of £500 they requested £1000 so it was agreed I would pay the other £500 when I had transferred it from my savings account the next day, the final negotiations were with a sales executive and his manager we shook hands and sat down to pay the deposit, I asked when we could have the car the Sales Executive said probably Next Friday possibly Tuesday, but it is in another depot and can;t get hold of them at the moment but everything should be ok, I said so I have't bought the car then yet? he said he said yes but we have to get it from this other depot. I phoned the next day to pay the other £500 the S/E said no just pay the balance all at once, but we are having problems getting the car and it seems someone else has put an offer in for it and wanted finance, but I am still confident we can get it I will call you tomorrow. He did call and said the car had been sold and there wasn't another in the country the same as the one we wanted. However there was another available but it was black and had a premium package. I said I was not happy the way this had been handled but send me the details and I would get back to him, He did but the price had gone up by £1,600. If I accepted it I would do so but only at the original agreed price. how do I stand legally? Your advice would be appreciated. Kind regards. Roger Bevan.
Your advice won how I stann would be appreciated
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Are you asking if you can force the sale of the original car?
Customer: replied 1 year ago.

There are no cars like the one we agreed on left in the country, it has been sold to someone else.

Expert:  Jo C. replied 1 year ago.
Yes, you mentioned they didn't have it.
So what is your question about this please?
Customer: replied 1 year ago.

Can I insist on the new offer at the original negotiated price the one we agreed on? or would I have to pay another £1,600?

Expert:  Jo C. replied 1 year ago.
Not if it is a different vehicle.
They may well have been locked into a contract with you. It is difficult to tell from what you have said above. Either way though, it would make no difference because that contract cannot be performed because the car is elsewhere. That would mean they have to return the money to you. If they had another identical vehicle then they would be under a duty to sell that at the same price but no two cars are ever really wholly identical. It is always possible to make a distinction somehow.
If this car is different from the other then they are entitled to inflate the price. if that isn't acceptable to you then they have to offer a refund.
That said, it would be worth complaining. That often achieves a huge amount more than going to court would.
Sorry if that is bad news.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69788
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.

It is disappointing as I always thought that if you agreed to purchase a product at a certain price, paid a deposit, received a receipt and a signed contract it meant something. They sold the car to someone else while offering it to me. If they cannot fulfil the contract surely they are liable to offer me an alternative not below the specification and if it's above then not at an inflated price, otherwise what's the point of a contract? If I tried to pull out I would loose my deposit wouldn't I?

Expert:  Jo C. replied 1 year ago.
No, they would have to return your deposit as they can't offer you the vehicle at the agreed price as I mentioned above.
Customer: replied 1 year ago.

But they sold it after I had signed the contract and paid a deposit for it.In fact the next day.That surely can;t be legal.

Expert:  Jo C. replied 1 year ago.
They may well have been locked into a contract with you. It is difficult to tell from what you have said above. Either way though, it would make no difference because that contract cannot be performed because the car is elsewhere. That would mean they have to return the money to you. If they had another identical vehicle then they would be under a duty to sell that at the same price but no two cars are ever really wholly identical. It is always possible to make a distinction somehow.
Customer: replied 1 year ago.

With all due respect you have just repeated yourself like I have too.

They sold the car to someone else after agreeing to sell it to me, sighing a contract which I have the paperwork for and probably because the other person offered more for the said car, surely there is some law against doing that?

In circumstances like this where is the consumers protection?

Expert:  Jo C. replied 1 year ago.
I'm not really sure how to express it differently.
Yes, they may be in breach. The remedy for that is to repay the deposit because they cannot sell the car.
You cannot demand a more expensive car at the same price I'm afraid.
Customer: replied 1 year ago.

Last question before I give in. Can I sue them for breach of contract.?

Expert:  Jo C. replied 1 year ago.
Only for the appropriate remedy.
If they return the deposit then that falls away.
if they refuse to return the deposit then you very definitely would have a claim for that.
Customer: replied 1 year ago.

OK.Thanks for the advice. I feel very hard done by. I have had my dream car taken for underneath my nose and it seems they can do this sort of thing and I can't do anything about it. "That's Criminal" Good night God Bless.

PS. is there a transcript of our conversation for my records?

Expert:  Jo C. replied 1 year ago.
I think it is emailed to you automatically.
If not though, the question won't close from your side. You can come back when you like

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