This may be a bit of a long post but I'm looking for some advice and opinions regarding the sale of a car that has now been rejected as I don't know where I stand legally.

I recently went in to a main dealer in order to get a valuation for a vehicle I own as I wanted to sell it. The salesman had a look round my car and later gave me a price they would be willing to pay for the car. I agreed to their offer and visited the showroom again a few days later to complete the sale, I took both keys and the log book with me.

I gave the keys to the sales manager and he went off to inspect the vehicle and he drove it to the front of the showroom. We completed the transfer of the log book and I posted off section 9 to inform the DVLA. I was given a used vehicle purchase invoice to sign which contained details of the car, the amount of the sale, and all the usual bits about no finance outstanding and not involved in any total loss accidents etc. I completed and signed the form. I was told that the money from the sale would be processed and be in my account within a week.

I then received a call the following day stating that they could not accept the vehicle as it had previously some body repairs done and the shade of the replaced panel(s) was fractionally different.

I had never noticed this colour difference, nor am I aware that the car was ever involved in any accidents.

Any ideas where I stand on this? Any help would be greatly appreciated.

Probably BS, they've just decided they can't shift the car on for enough profit.

 

But sorry don't know where you stand legally.

 

You're not a trader or an 'expert' so you can't be held to the same level that they would if the sale was the other way around.

Bought as seen, tell them to   

Bought as seen, tell them to   

Trouble is he hasn't received the money.

I suggest you need to get some legal advice after having digested the small print on the invoice. Many solicitors do a free half hour consultation. Alternatively, check out trading standards, although I am unsure whether they will assist.

Thanks for the responses guys. I'll be in touch with CAB on Monday and see what they suggest.

There's no small print on the invoice. I'm starting to think it might be part of their process to keep things legally non-binding until they have been over everything with a fine tooth-comb and before they release any funds. I'm hoping that is the case, rather than there is something wrong with the car. It's definitely left a bad taste in the mouth with the particular dealer.

Both parties have signed for the sale of the car. They owe you money and have no right to return the car as long as it is was described. Private sales are entirely at the buyer's risk, excepting that. That they have your car, the V5 has been senty off and you have their signature on a document outlining the sale is very legally binding.

Both parties have signed for the sale of the car. They owe you money and have no right to return the car as long as it is was described. Private sales are entirely at the buyer's risk, excepting that. That they have your car, the V5 has been senty off and you have their signature on a document outlining the sale is very legally binding.

This was what I was thinking but couldn't get the words together.

As above, they have signed a "sales contract" and therefore it is legally binding.

I suggest you write to them stating that you expect the money within 5 working days or you will take the matter to the Small Claims Court or even issue a Winding Up Order.

The invoice they gave me has only got my signature on, under the 'declaration of seller' section. I've had a look through it all and they have left the 'declaration of purchaser' section at the very bottom of the invoice blank.

Does this mean that it's likely they left this blank deliberately to cover themselves?

The only documentation I have with a signature of the dealer on is section 9 of the log book. I'm getting concerned that I wouldn't have a leg to stand on as my copy of the invoice hasn't been signed by them. Maybe I have been very naive in trusting a dealer to do things by the book.

The invoice they gave me has only got my signature on, under the 'declaration of seller' section. I've had a look through it all and they have left the 'declaration of purchaser' section at the very bottom of the invoice blank.

Does this mean that it's likely they left this blank deliberately to cover themselves?

The only documentation I have with a signature of the dealer on is section 9 of the log book. I'm getting concerned that I wouldn't have a leg to stand on as my copy of the invoice hasn't been signed by them. Maybe I have been very naive in trusting a dealer to do things by the book.

CAB will not be able to give you the specific clear advice you need. They will only "signpost" you towards someone who can give the correct advice.

You need terms and conditions of the supposed sale contract. Go to the garage and ask for them. A solicitor acting on your behalf would need to see these in any case.

Forgive me for possibly being a bit thick here but is it normal practice to be handing over a car to a trader before any money is received? I certainly wouldn't entertain that.

Edited 17 April, 201610 yr by niceyellow vrs

Good point. You have completely trusted this trader and they have "Tucked you right up" I reckon it's whoever agreed to buy your car was stupid enough not to look deeply enough at your motor and now they realise there's no money to be made for their greedy fat pockets.

A car is never sold till the money is in your pocket.

Sent from my SM-G900F using Tapatalk

Edited 16 April, 201610 yr by FLAPPERJACK7

This doesn't sound right, surely if it is a main dealer they would just shift it onto the auctions whatever the condition?

 

Also as above I wouldn't hand over a vehicle until the money was in my bank, could this be one of the dealers doing deals on the side and realising the car isn't what he thought it was?

 

Just all sounds a bit odd?

Any progress on this? 

I complained to their head office and they've apologised, but ultimately they are still rejecting the car. They had viewed the car twice before going ahead with the deal but they said that when they did a full appraisal (the day after completing all the paperwork) they noticed previous repairs and therefore rejected the vehicle. 

 

I feel like I'm really being shafted with this one!

Wonder if this could be something trading standards might be interested in?

If it might be, tell the dealers head office you're going to contact TS and get a letter off...

Wonder how the dealer would feel if the boot was on the other foot, you noticed the car you bought has had body work carried out and you'd like to reject the car,

 

 

think they would tell you to     paper works signed 

Edited 20 April, 201610 yr by Auric Goldfinger

Did you actually leave the car after they agreed the purchase and they put the vehicle 'In Trade' with the DVLA?

 

They really are at it.

What is the Owner of the Company or Group going to do to rectify matters and sort out this with the DVLA?

 

What compensation are they offering for the breach of contract or hire charge are they paying you for them having the car overnight?

If they've sent the V5 off it's their, they owe you the money.

Dealers keep the V5. It's your responsibility to send off the yellow slip. They generally seem quite keen for you not to do this, though, possibly for reasons such as this.

The whole "sold as seen" thing is not as straight forward as it used to be.

 

http://butcher-barlow.co.uk/news/sold-as-seen.aspx - I asked if these rules also applied to private sales as was told that they did.

They have obviously c--ked up on the appraisal of your car. A strange way of doing business, we'll take the car off you and pay you in about a weeks time??

The whole "sold as seen" thing is not as straight forward as it used to be.

 

http://butcher-barlow.co.uk/news/sold-as-seen.aspx - I asked if these rules also applied to private sales as was told that they did.

Who did you ask? Which say the opposite.

 

http://www.which.co.uk/consumer-rights/advice/the-second-hand--car-i-bought-has-a-problem-what-are-my-rights

 

A private individual is not a 'retailer'.

It was not a private sale if a Dealership or Motor Trader was purchasing the vehicle and reached an agreement to purchase and filled in the V5 to put the vehicle 'In Trade' rather than Registering as the 'Registered Keeper'.   

Did they get a cooling off period, well why would they, they bought as seen not on finance.   They just never paid.

 

?

Any updates?

Edited 24 April, 201610 yr by GoneOffSKi