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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice
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I visited a franchised car dealer to view a car I was interested

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I visited a franchised car dealer to view a car I was interested in. I was told the car was in the franchised dealership in another town some distance away. The dealer said he would have the car shipped to my home town dealership. I signed an order form saying I would buy the car, but stipulated verbally (but not in writing) that. I would need to see the car and satisfy myself as to it's condition before I committed myself to paying for it. I paid a £100.00 deposit.
My question is, If, due to the condition of the car, or other factors, can I walk away from the sale,and is it covered by the ' Consumer protection (distance selling) Regs 2000.
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.
Did you see a similar model?
Customer: replied 1 year ago.
I saw a similar model in his lot. But had viewed the car I was interested in online
Expert:  Jo C. replied 1 year ago.
In what way is it dissimilar?
Customer: replied 1 year ago.
Why do you ask?
Expert:  Jo C. replied 1 year ago.
Because it changes the application of the DSR.
Customer: replied 1 year ago.
There were other cars of similar models but none of the exact specification I am interested In
Expert:  Jo C. replied 1 year ago.
Ok.
But what are the differences? I don't mean exactly but roughly.
Customer: replied 1 year ago.
The car involved is a Nissan qashkai
Customer: replied 1 year ago.
Sorry........ A Nissan Qashqai 1.5 Dci n-tek. There were other Nissan Qashqais, but none in white, the colour I want.
I had no interest in these cars so didn't take any notice of them. My wife sat in one so the dealer could explain the various levels of equipment. That's as far as it went.
Expert:  Jo C. replied 1 year ago.
If it is only colour then that is a problem. The DSR just plain won't apply. You had the opportunity to inspect other vehicles so the DSR won't apply.
The fact that you did not inspect the other vehicles does not mean the DSR applies.
if there is more to this than that then you could try to argue the DSR applies.
However, either way, unless you have signed a loan agreement, you could probably pull out now. It would be a breach of contract but they have suffered no loss save for maybe transportation costs. They still have a vehicle to sell.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
Thanks for your inout
Expert:  Jo C. replied 1 year ago.
No problem and all the best.
Please remember to rate my answer.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jomo1972’.
Customer: replied 1 year ago.
Sorry....... Thanks for your input. The order form I signed contained the following statement
Amongst others ' it is a term of the contract that I should examine the vehicle before signing this order form to satisfy myself to it's quality and that I have carried out such an examination. In particular my attention has been drawn to the following items : Tyres, Body and paintwork, Glass, Interior, Trim and upholstery,The general condition with respect to it's age.' This document is signed by myself and the salesperson.
Clearly I couldn't have carried out this examination, or be aware of any faults as I'd never seen the vehicle. The salesperson obviously knew this, but still signed the document. Is he in anyway culpable, and therefore making the contract invalid.
Expert:  Jo C. replied 1 year ago.
No, he isn't I'm afraid and even if he were that wouldn't render the contract void. There has to be a really fundamental issue before a contract is void.
That particular term might be struck down but it would not void the whole contract.
Jo C., Barrister
Category: Law
Satisfied Customers: 69786
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Disappointed, but thanks all the same. No further information required.

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