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View Full Version : Car Dealer Refuses to Sell Car - My Rights



jdl_1967
6th February 2012, 07:34 PM
Last weekend I made a 260 mile round trip to view a 2004 R53 at a large national dealership. After the test drive, I signed the contract and entered into an agreement to purchase the vehicle.

Upon my return home a insured the vehicle on a new policy, paying the deposit and signing up for a direct debit for the monthly installments.

I was originally told the vehicle would be ready last Friday, but was contacted to say it had failed it's MOT on a split bush so wouldn't be ready until Monday.

Today, after trying to contact the sales member 4 times, I received a call stating they didn't want to sell the vehicle to me as it required too much work prior to sale. Brakes and steering column to name a couple of the parts, £1700+. I stated I was obviously not very happy and the dealer offered to find me an alternative vehicle and call me back in 30 minutes. 2 hours later, no call so I called only to be told the sales member had left for the day and wasn't due back until Thursday.

I'm pretty sure the dealership is within their rights to do this, but I have signed their contract to buy the vehicle and was wondering if anyone on here has a good knowledge of consumer law that could assist please.

Thanks

John

jdl_1967
6th February 2012, 07:46 PM
Are they duty bound to sell me the car if I still want it? Obviously making it fit for sale and completing all the required work.

Craig
6th February 2012, 08:40 PM
Not sure on the sale of goods part John but if they are refusing the sell the car to you, then I would say you have a case for compensation for the insurance etc...

Not good tho... :frown: sorry to hear this..

GCA3N
6th February 2012, 08:54 PM
Is this not a blessing buddy. I'd say stay clear of it anyway.

ianking
6th February 2012, 08:59 PM
I would say that the dealer is doing you a good thing. If they are saying that the car aint going to pass the MOT without loads of work first then you are better off without it. They will just punt it to an auction house now.
If they can get you something similar then try and negotiate harder to cover the hassle of another trip for you.

jdl_1967
6th February 2012, 09:03 PM
Thanks guys, I guess it's a real lesson as it drove beautifully and if I'd have viewed it privately, I might have bought it and been in a bit of a mess!

ELFMAN
8th February 2012, 05:12 PM
Just read this - I'd walk away too. If you're out of pocket for anything, I'd chase the Dealer for it, but like Ian said, at least they flagged this up and didn't just punt you the car for you to find the faults. Maybe a lucky escape?

MINI William
8th February 2012, 05:31 PM
I would say that they have done you a favour with refusing to sell you a car. You wouldent want to find out down the line that you had been sold this car with these faults. Walk away and go find a better car

MiniSnaps
11th February 2012, 10:15 AM
One thing I'd do is check that the car still isn't actually for sale or that it hasn't suddenly passed on to another owner. They wouldn't be the first car dealer to pull out of a deal because someone had made them a better offer.

Having said that, it amazes me the junk some dealers have out as retail stock, I went to view a low mileage R53 Checkmate at a large dealer chain (non-MINI, but they do have the MINI franchise at another branch) and the car would barely run, almost all the warning lights, engine management, brakes, tyre pressure etc were lit on the dash. The salesman's response when I pointed this out was "well, you get a warranty" :argh:

jdl_1967
11th February 2012, 03:51 PM
Thanks MiniSnaps, I gave up complaining in the end, the car is off their website, but whether it not that is because they removed it from sale for the reasons I was told or it was sold to someone else, I guess I'll never know.

A beautiful black one owner, low mileage, post facelift, R50 came up only a few miles from where I live, picked it up this morning, sooooo much slower than the R53 and obviously my R53 JCW, but it's for my wife and she will love it, keeping it secret until Valentines Day!

jdl_1967
11th February 2012, 03:53 PM
I must say, that although slower than the R53, it's still amazing to drive and great fun, plus cheaper on tax, fuel and insurance.

MINIme:)
11th February 2012, 03:55 PM
A beautiful black one owner, low mileage, post facelift, R50 came up only a few miles from where I live, picked it up this morning, sooooo much slower than the R53 and obviously my R53 JCW, but it's for my wife and she will love it, keeping it secret until Valentines Day!

I'm sure she will :yes nod: how lovely

Craig
11th February 2012, 05:46 PM
Ya big sook JL !!

Glad you got something sorted ;)

jdl_1967
11th February 2012, 06:37 PM
Cheers guys, it's lovely and I'm thinking of getting rid of my Clio 182 to buy another R53 now!

I am right in thinking by Nov 2004 Coopers and Ones had the 5 speed Getrag box rather than the Midland didn't they?

Craig
11th February 2012, 07:14 PM
Cheers guys, it's lovely and I'm thinking of getting rid of my Clio 182 to buy another R53 now!

I am right in thinking by Nov 2004 Coopers and Ones had the 5 speed Getrag box rather than the Midland didn't they?

Yep ;)

And good plan :yes nod:

Gismo
12th February 2012, 04:56 AM
And if you can stretch to the face lift versions the niggly rattles, strut tower mushrooming and dodgy fans were more or less sorted out too :thumbs up:

jdl_1967
12th February 2012, 07:32 AM
Thanks GismoMan, I have noticed that I don't need the car radio so loud in my wife's facelift R50 than I did in my pre facelift R53 in an attempt to mask the rattles from the dash!