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Did this distance seller breach a contract by selling his car to someone else?
I saw a vehicle advertised on Autotrader by a private individual. Having entered into negotiation with him we agreed a price. I subsequently sold my car to finance the purchase and hired one as an interim temporary measure. I then booked a flight to travel to pick up the car I was buying at an agreed day and time. I kept the seller fully informed of what I was doing so he knew I was selling my car to buy his. He knew I was booking and paying for travel and he was aware of the costs and expense I had gone to. He has now told me he has sold the car to someone else for a higher figure and it is no longer available. I am therefore out of pocket for my travel, the HPI check I carried out and I no longer have a car; only the one I have gone to the expense of hiring. Do I have any sort of recourse to cover my costs and the inconvenience?
Asked on 7 December 2013 by RJ, via email
Answered by
Honest John
Sorry. Because no money changed hands between you and the vendor there was no 'consideration' and therefore no contract. You cannot sue for breach of a contract that did not exist.
Tags:
distance selling
selling
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