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Buying a used car but my part-ex has been damaged

I made a verbal agreement with my local VW dealer to purchase a used Polo with mats and Autoglym included for free in the negotiation. He offered me £400 for my X reg Ford Fiesta which I told him had dodgy door locks and a rattle in the front offside.

I told him the amount of money I wanted to pay and we agreed a price, shook hands and I paid a £500 deposit.

He asked if I minded how he "cut" the deal on paper and I said it was fine as long as I paid him the £9k for the car plus my part ex. The paperwork came through showing £800 for my part ex and the mats and auto glym as £400 extras I had agreed to purchase. I did not sign this.

Yesterday my car was damaged in an accident that was not my fault so I cannot part exchange it.

As I am still keen to purchase the car I phoned and asked if I could pay the agreed balance plus the £400 part ex value but the dealer has now said that actually he was offered £800 for the car as part ex, so if I want the Polo and can't provide the Fiesta the total due is £9,800 plus the £400 for the mats and Autoglym.

I verbally agreed to £400 part ex and free mats and Autoglym and have not signed the contract which details the £800 part ex and £400 to be paid for the mats.

Where do I stand on this please? Can I get my deposit back or can I hold them to the verbal agreement?

Asked on 14 June 2012 by AGW9902

Answered by Honest John
You can't fulfil your part of the contract, so it becomes as the salesman has told you.
Dear Honest John,

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