Car dealer sold car after deposit was paid?

AndyWhite

Hi, I recently put a deposit down on a car that I was looking to buy. The agreement with the dealer was that he was then to put the car through the nct for me. He rang a few days later saying that the car was burning oil and refused to sell to me. I said I wanted to get a second opinion from a mechanic I know and he would not let me. He promised to ring me back but after hearing nothing from him, I spent a day trying to get through. When I finally got in touch, he said he had sold the car to a mechanic in wexford or somewhere who was going to fix it.
The full version is up in the motors section and I was advised to place a post here instead. All the details are here:

http://www.boards.ie/vbulletin/showthread.php?p=68288226#post68288226

Any advice or knowledge would be appreciated.

jor el

Since the car is gone, there's nothing you can do about it. The dealer should not have sold it when you had a deposit on it, as you had a contract to buy it from him. As it stands, he must refund your deposit, but beyond that, I can't see anything else that could be done.

P. Breathnach

I don't entirely agree with jor el. OP might have a right to compensation. In practice, it might not be worth pursuing -- some DJs have very little time for such cases, and blow them out of court without giving them much of a hearing.

I wouldn't bother going the legal route myself, but I would do what I could to make people aware of what the dealer did, and I would be careful that I could back up everything I said.

AndyWhite

Thanks. I had had the car checked out by a mechanic who didnt see any problem with it. I also have a reciept for the deposit with the amount paid, balance due, car type and reg, my name and the dealers sig on it.
The ad was removed from carzone but I already had it saved to my computer so I still have the "NCT guaranteed by dealer" on the ad.

If I had left the contract, I would have lost my deposit, so what's been suggested to me is that try I get double my deposit returned to me. Would that be realistic? or would there be a better option? or should I just leave it.

P. Breathnach

I'd leave it, but with a pang of regret. To get anything more than a return of your deposit would involve the uncertainties of a court hearing.

But, as I said, I'd get my satisfaction by making his behaviour known, while being careful not to put myself on the wrong side of the law.

jor el

AndyWhite wrote: »

If I had left the contract, I would have lost my deposit, so what's been suggested to me is that try I get double my deposit returned to me. Would that be realistic? or would there be a better option? or should I just leave it.

Ask, and threaten legal action if they don't pay up? They may or may not go for it.

If you had pulled out of the deal then you may have lost your deposit. It would have been up to the dealer, but they could have refunded it to you. In this case, they must refund it, but I don't know that you'd be due any kind of compensation. Compensation is designed to reimburse you for money lost. If you get your deposit back, you'll have lost nothing (except time).

AndyWhite

And the petrol cost driving out there three times (four when I go to get my deposit) and what I paid my mechanic to check out the car.

brightspark

The issue here depends on whether the dealer is telling the truth or not.

You don't seem to believe him and think you deserve some compensation?

There is of course the non monetary compensation of realising how badly they treated you as a potential customer, imagine how bad after sales service might have been.

Lots of other dealers out there, take your money and run.

Cars are too likely to have problems esp second hand, you need a dealer you can trust.

Of course there is the possibility he was telling the truth and didn't want to sell you a car that would give you and him lots of trouble. Would you have prefered him to have sold you the car and then have it breakdown just as his warranty ended? Even faults within the warranty would be at the very least inconvienient.

Either way, without trust you're better off not dealing with this particular dealer and instead find someone you can trust

Clauric

The OP has has a contract with the seller. Payment of the deposit is a guarantee that the contract was going to be followed through by both parties.

As the garage sold the car that was part of a contract, the OP has a number of options.

1) He can insist on his money (deposit) back
2) He can insist on specific performance (e.g. the dealer must seller him the car that he put the deposit on, under the terms that they agreed)
3) He can take a case for either specific performance or compensation either to the small claims court or the Civil District Court or Civil Circuit Court (depending on value)

There is another option on top of all these. Similar to a car seller selling a car with outstanding finance, money owing on it, the OP would technically be entitled to seize the car, on foot of a court order.

I would strongly urge the OP to go to a solicitor, and issue court proceedings. It is was me, I would insist on specific performance.

I would also name and shame the garage. Let him prove in court that what you said is wrong. and defamatory.

sunnysoutheast

Clauric wrote: »

The OP has has a contract with the seller. Payment of the deposit is a guarantee that the contract was going to be followed through by both parties.

As the garage sold the car that was part of a contract, the OP has a number of options.

1) He can insist on his money (deposit) back
2) He can insist on specific performance (e.g. the dealer must seller him the car that he put the deposit on, under the terms that they agreed)
3) He can take a case for either specific performance or compensation either to the small claims court or the Civil District Court or Civil Circuit Court (depending on value)

There is another option on top of all these. Similar to a car seller selling a car with outstanding finance, money owing on it, the OP would technically be entitled to seize the car, on foot of a court order.

I would strongly urge the OP to go to a solicitor, and issue court proceedings. It is was me, I would insist on specific performance.

I would also name and shame the garage. Let him prove in court that what you said is wrong. and defamatory.

The OP has already been warned on the linked thread not to name the dealer as boards.ie will be liable to legal action.

Assuming that the dealer will refund the OP's deposit, there is simply no financial logic in taking anyone to court over the right to buy a used car - there are thousands of used cars for sale in Ireland and the UK.

SSE

axer

Was it a proper dealer registered with SIMI? If yes then contact them and make a complaint and see what happens. It sounds too suspicious to me.

AndyWhite

I highly doubt he was registered with them but I already sent them an email. No reply yet.

dudara

AndyWhite wrote: »

I highly doubt he was registered with them but I already sent them an email. No reply yet.

Sigh, don't do anything official by email. Either phone or write a registered letter. It's too easy to ignore emails.