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Dealer backing out of sale

  • 07-08-2013 6:35pm
    #1
    Turtle-TM
    Registered Users, Registered Users 2 Posts: 384 ✭✭


    I arranged a trade in with a dealer last week and was to collect the car on tues.

    He rang me tues saying the warranty company he uses won't give him a warranty on my car as its over 200k km. he said he'd ring around the trade and see if he could sell it to a trader as he said he couldn't sell the car "as seen" to someone not in the trade.

    Today he has said that he can't find any one to sell the car onto and won't now take it in as a trade in because of the risk of offering a 6 month engine and gear box warranty himself.

    He aggreed to give me x amount as a trade in, and I arranged insurance, and took money out etc on Tuesday morning.

    Do I have any recourse with him? I know technically we have a verbal contract, but that's a very hard thing to prove etc.

    Any one have any advice?


Comments

  • #2
    Cee-Jay-Cee
    Registered Users, Registered Users 2 Posts: 12,235 ✭✭✭✭Cee-Jay-Cee


    Im afraid your just going to have to do business elsewhere. You have no written agreement and he offered to take your car on the basis that he could warranty it and sell it on (even though he probably didnt tell you that) He tried and was unsuccessful and so pulled out of the deal which he is totally entitled to do. The same could have applied if you were refused insurance or a loan, you'd have no choice but to back out of the deal. That's life.


  • #3
    godtabh
    Moderators, Science, Health & Environment Moderators Posts: 23,243 Mod ✭✭✭✭godtabh


    was there a deposit placed?


  • #4
    pippip
    Registered Users, Registered Users 2 Posts: 2,249 ✭✭✭pippip


    godtabh wrote: »
    was there a deposit placed?

    Don't think it would matter. The deposit is only there for the protection of the seller in case of loss of money due to non commitment of the buyer. Pretty sure it means nothing to the dealers commitment to the deal.

    PS if you got a receipt for a deposit it may have terms and conditions. If you can prove with these that the trade in had no connection to getting a warranty then you could try that route.


  • #5
    michael999999
    Banned (with Prison Access) Posts: 7,771 ✭✭✭michael999999


    Would you not buy the car straight, and sell your own seperately. Probably make more for it that way!


  • #6
    Hateart
    Registered Users, Registered Users 2 Posts: 29 ✭Hateart


    Tell him you have sold yours and your waiting on the cheque to clear and you will collect new car next week , then call him and say I will be there in the morning then the next day and next, drive him crazy! It's bull, the fact he gave you a trade in price and now it does,nt suit him is not your fault, and its bull he can't get a buyer for your old car or warrenty cover, what type of car is it and anyway go deal with someone else who is a real car dealer not some gelled up punk


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  • #7
    Henry Ford III
    Moderators, Business & Finance Moderators Posts: 17,859 Mod ✭✭✭✭Henry Ford III


    pippip wrote: »
    Don't think it would matter. The deposit is only there for the protection of the seller in case of loss of money due to non commitment of the buyer. Pretty sure it means nothing to the dealers commitment to the deal.

    PS if you got a receipt for a deposit it may have terms and conditions. If you can prove with these that the trade in had no connection to getting a warranty then you could try that route.

    3 kernels of a contract:-

    1/. Offer

    2/. Acceptance

    3/. Consideration

    I think the payment of a deposit in those circumstances might be significant.


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