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Fiestive spirited
We ordered a nearly-new Ford Fiesta from our local Ford dealer on the Ford-direct scheme (7 months old 2,500 miles – decent price - £10,400 for a Zetec silver, with Bluetooth fitted). That was two weeks ago. We were told the car would be into the garage for a check-over and test-drive in 10 working days. We heard nothing, so we phoned this weekend. They called back this morning to say they can’t find the car (some other garage has probably sold it already). What are our rights? Can they just give us back our £500 deposit, or can we insist that they supply equivalent (or better) car? (I note that the equivalent car is about £750 more on their website now).
Asked on 13 February 2010 by A.R., via e-mail
Answered by
Honest John
Where cars are kept in a central stock the same car can conceivably be sold many times over by different dealers at the same time. But this should have been apparent sooner, and because it wasn't you have a reasonable case to lean on the dealer to get you an equivalent car to the one you ordered and part-paid for. Make sure you use the term "part-paid for", because that makes it a contract and the Ford dealer is in breach of that contract. State that over the past 14 days you have "lost the opportunity through the dealer's negligence" to buy a similar car elsewhere for that price. (A.R. did exactly this and was rewarded with another Fiesta Zetec, same colour, with a few extras thrown in, for the same price.)
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