Car sold to someone else after deposit paid!

Last weekend I bought a 00 registration polo from a reputable main dealer. I agreed on a price with the salesman, filled out the necessary forms, paid a 200 euro deposit, and agreed to pick up the car next saturday. However today I received a call from the salesman saying he had sold the car to someone else, but had not realised this at the time we made our deal and I could call to him to collect my deposit.. In my opinion, after we had made our deal, someone else called to garage, liked my car very much and offered him a higher price. What are my rights? I had paid a deposit, and filled out forms.... I thought the deal was done and the car was mine, just needing to be collected.

Hi Caroline,

Welcome to AAM.

Sorry to hear that you are being so badly treated by this garage. Just wondering if you got a receipt for the deposit? Was this receipt in the form of a contract?

I would certainly be looking for a large discount on another purchase if I was going to do business with them at all. Perhaps a mention of your solictior being contacted about this shoddy treatment might help.

If you are a member of the [broken link removed] they might be able to give some advice or if the garage is a member of the S.I.M.I. you should contact them and see what they say about this matter.

Its probably a very stupid way of looking at this matter but often wonder if these things are meant to be - was it a crap car and you wouldn't have had any luck with it, who's to know!

Hope you get things sorted and that you will get a good car in the end.

sueellen said:

Sorry to hear that you are being so badly treated by this garage. Just wondering if you got a receipt for the deposit? Was this receipt in the form of a contract?

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Deposits, even with receipts, are not in general contractually binding when it comes to purchases, unless as sueellen suggests, there may be some sort of contract or committment within the receipt.

sueellen said:

I would certainly be looking for a large discount on another purchase if I was going to do business with them at all. Perhaps a mention of your solictior being contacted about this shoddy treatment might help.

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This is probably the best course of action, though maybe not initially mentioning the solicitor. If the salesman is genuine , then on a fair play, fair deal basis, you might be able to get a better discount from him. He knows you're genuine about the same, so might make the effort to close again.

sueellen said:

If you are a member of the [broken link removed] they might be able to give some advice or if the garage is a member of the S.I.M.I. you should contact them and see what they say about this matter.

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The SIMI are a self-regulating organisation for the motor industry. They're not really any type of regulator or enforcer, so you're unlikely to get any satisfaction from them.

If there was some sort of contractual obligation when you paid you're deposit, then you've on stronger ground, and the [broken link removed] is the place to go to instead.

Hi Caroline

You more than likely have a contract for the purchase of the car with the garage. You paid a deposit and signed all the necessary forms. In general this type of contract is enforceable.

The garage has breached the contract. So what is the outcome? What is the remedy?

In general there are 3:
Damages - don't know how you have suffered any other than perhaps travel expenses incurred in collecting your deposit.

It is unlikely that a court would force the garage to sell you the car (specific performance).

Rescind - cancel the contract which you would be doing when you take back your deposit.

So, what can you do?

As advised above look for a discount on further purchases. If you decide not to do any future business with them, ask them for a petrol voucher/credit note for the inconvenience and expense incurred to recover your deposit.

Marion

In my experience there's no such thing as a "reputable" second hand car dealer.

Kick up a fuss at the garage, the more noise you make the more likely they'll give you a discount on another car. Otherwise cut your loses and look else where.