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propertylawyer
propertylawyer, Solicitor
Category: Law
Satisfied Customers: 270
Experience:  Property Solicitor with expertise in commercial and residential property transactions.
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I went to a car show room Saturday and agreed to buy a car -

Resolved Question:

I went to a car show room Saturday and agreed to buy a car - salesman told me on I could get financing and still own the car - I paid a 5000£ deposit and signed finance disclaimer
Following Monday I received an offer but noticed that the financing offer stated that I would lease the car with option to buy
I told them I was not interested in that and subsequently wanted to terminate the deal -
I am told that I bought the car and will have to pay all cash - can that be true
Knud
Submitted: 9 months ago.
Category: Law
Expert:  propertylawyer replied 9 months ago.

Hi Knud

Thanks for your question.

If you enter into a finance arrangement you will never own the car regardless of whatever type of finance you take out until you have repaid the finance company in full.

The dealer's statement is misrepresentation but if this was made orally you will have difficulty in proving this.

Is there a cooling off period or termination provision in the agreement.?

Customer: replied 9 months ago.
Thanks a lotI never signed the actual finance agreement - - I only signed the finance disclaimer attached when I was in the showroom - see attached documents
When I saw the deal I realized that I would be leasing and then told them I would not be interested
They recognized that and salesman said in email he would contact his business manager to get it changed
I did not receive offer and consequently told them I wanted to cancel the deal
They claim I will have to buy the car cash
In the deal attached there is a 14 day retraction period - they claim only from financing not for saleCan it really be true when I did not sign contract
Expert:  propertylawyer replied 9 months ago.

Hi

Apologies for delay.

The fact you paid a deposit is an indication of a contract and an intention to be contractually bound to purchase the car.

However, you will have to put forward that the seller misrepresented that you would own the car, which to you was a fundamental term of the contract. Due to misrepresentation that you would own the car you were induced into the contract. As you would not own the car the contract is void for misrepresentation and want the deposit returned immediately.

If the seller refuses you can take the matter to the small claims court for the return of the deposit. You can do this using the online service, money claim online. The court will decide if you have a case on the balance of probabilities.

If you can take out a personal loan you can buy the car and own it as the lender on a personal loan agreement will not have ownership of the car.

I hope this helps.

Regards

propertylawyer, Solicitor
Category: Law
Satisfied Customers: 270
Experience: Property Solicitor with expertise in commercial and residential property transactions.
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