Advice needed please

Honest John Back Room » Motoring discussion
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Thu 29 Mar 2007 11:40
Advice needed please - jediknight
I recently took a mk3 mondeo out for a test drive from a small independent dealer. On inspection, I found that the 4 doors needed replacing due to the well know corrosion problem that many early mk3's had. I agreed with the dealer that I would take the car and put a deposit down on the 18th March (my understanding was that this would take the car off sale).

I contacted my local ford dealer the same day and they took pics of all the doors and asked ford uk to authorise replacement of all the doors. Ford told me it would take 5-10days to get a reply, I let the seller know this.

I found out yesterday (28th) that the dealer selling the car actually sold the car last saturday to someone else without my knowledge!!!. I am fuming but not sure what I can do as the car is gone and I can't really do much about it I guess.

The dealer apologised and said I could have my deposit back. I still have the paperwork I signed for the deposit and I've not collected the deposit yet as I want to see if I have any rights here to do something about what's happened.

Ford Uk approved the repairs yesterday (28th) so I am well unhappy.

Is selling the car to someone else whilst I have it on deposit considered breach of contract, I think I should have at least had a phone call to say he wanted to sell it...?

Has this ever happened to any other members or should I just get my deposit back and put it down to a bad experience?

Thanks

Dave
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Thu 29 Mar 2007 12:07
Advice needed please - local yokel
Depending on what you signed, it's probable that you have a claim for breach of contract. The hassle of pursuing it isn't worth it, so you could try some leverage, such a s a discount off another car in their stock, if you trust them that far, or better still take your deposit, and go elsewhere.

Ask them what they would have done, if having put down a deposit, you'd then not gone through with the purchase.
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Thu 29 Mar 2007 12:17
Advice needed please - bell boy
it might be breach of contract
but
got to say my reaction is
well done trader man
sold to someone that wasnt that bothered about a bit of rust
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Thu 29 Mar 2007 12:34
Advice needed please - Mad Maxy
You're better off now. Did you really want a car with all that hassle even before you started to own it? Collect your deposit and choose something rust-free.
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Thu 29 Mar 2007 12:35
Advice needed please - jediknight
lol, yes I think its good that someone bought it without noticing/being bothered about a lot of rust. The doors on one side were worse than 25 year old cars i've seen...but it is a common mondeo fault which is covered by ford's warranty. Basically ford will replace the doors and its as good as new!

Looks like I'll have to cut my losses and look for another one!
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Thu 29 Mar 2007 13:12
Advice needed please - AngryJonny
Happens a lot with air-travel and hotels. It's naughty but you'll usually get compensated for it - even if you have to complain formally.

As for this circumstance, I'd simply collect my deposit, name-and-shame the dealership to everyone I know and walk away, never darkening their doorstep again.
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Thu 29 Mar 2007 14:33
Advice needed please - Lud
and walk away, never darkening their
doorstep again.


Or alternatively, if they have anything suitable fairly soon, drive a hard bargain, because they owe you one.
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Thu 29 Mar 2007 14:35
Advice needed please - local yokel
>Or alternatively, if they have anything suitable fairly soon, drive a hard bargain, because they owe you one.

Though they seem to have a ready supplier of mugs with money, so I doubt they'll show any interest. Take the hint, and give your hard-earned cash to a company that takes you a bit more seriously.
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