Dealer Misleading

[gman1001]

Hi there,

I am looking for some advice on a car sale any help would be much appreciated.The story:

So I contact the independant dealer that I purchased my car from 2 yrs ago to inform him I would like to resell ,he initally says why dont I sell it on your behalf on my forcourt at a fee of £1500 to which I agree

 

so the car goes on sale for 31k ,2 weeks later he calls and says the car needs £1600 of work to it ok I say book it in.1 week later he says I will buy it from me at £26600 minus £1600 =25k for the work that need doing to which he says I will pay you next week I agree .

 

So I found out the car has been sold prior to the deal we had and someone else is driving it around before he has paid me.My issue is that he had car up for sale on my behalf to which he sold at cira 31k then told me he would buy at the 25k making a profit at no risk of 6k and I beleive no work was carried out on vehicle(£1600).Please note through out this I have not been paid anything.

 

 

He doesnt know I know the car has been sold so I text him to say actually I am going to keep the car obviously I will pay you a fair fee for advertising etc.

 

 

To which I am awaiting a response.Any advice or opinions would be a massive help

Edited April 24, 2014 by citizenB

[rebel11]

Hi gman

 

Welcome to CAG

 

The guys will advise as soon as they are available.

[ssparks2003]

Do you know that he sold it to the person for £31k or are you saying that it was advertised for £31k so that is what he got?

 

Also, when he offered you £26,600 did you accept this of your own free will or was you forced to accept his offer?

[gman1001]

Do you know that he sold it to the person for £31k or are you saying that it was advertised for £31k so that is what he got?

 

Also, when he offered you £26,600 did you accept this of your own free will or was you forced to accept his offer?

 

I now know and have proof that he sold it for just under 30K as I have been in contact with the new owner via email. I did except the offer of 25k of mine own free will under the assumtion of

A; It needed £1500 welding work ,which I would need to see receipt from a independant company that specialises in that type of work.

B; That there was not a buyer commencing purchase during the time it was for sale on my behalf.

 

If I had been paid for instance for the vehicle on a Monday and then he sold it on a Tuesday that would be my lose and hes gain,but he has used the value in my vehicle to generate funds to pay me surely thats not buying the vehicle from me.

(Sorry about my grammer)

[gman1001]

Thanks for getting back to me everyone .

I have tried to contact him but cant get hold of him he has a forcourt of approx 150k of cars and I have his address but am now slightly concerned as I still have not heard from him.Can I contact DVLA and nitify them a stop on VO5 logbook transfer.Which is a last resort becuase I feel bad for the poor guy that has purchased the car from dealer.

Edited April 25, 2014 by citizenB

[ssparks2003]

Sorry to labour on a point, you say that you had made assumptions as to what evidence you were gonig to be provided that the work was completed and what was gonig to happen to the car. what were these assumptions based on?

 

As it stands you have accepted an offer (all be it still unpaid) and the new owner has done what he wanted with the car. Yes there is quite possibly some dubious trading gonig on by the dealer but i do not belive the police will leap in to cease the car, it will quite potentially have to go through the courts.

[citizenB]

ashmk, your comments were removed by a ST member because your post breached our rules. Please DO NOT repost them - advising someone to report somethign stolen when it wasnt is not on.

[gman1001]

Thanks for your response I appreciate other views .Regarding evidence of works if lets say I was to take my vehicle to an Independant specalised welder (as the company supposedly doing work ) and ask them to weld up parts but aksed to see the work before payment would they be able to deny the viewing and demand payment (unless physically possible to see work ) if the trader had carried out work then an invoice of proof plus a profit margin in surely exceptable.

And regarding the sale of vehicle if I was walk into mercedes and tell them I love the car in window agree reduced price and tell them I will pay in a weeks time with no contract or deposit would they not sell the vehicle to another customer if he was to pay more the next day?

 

My main issue is that the vehicle was being sold on my behalf - low risk =lower profit like any business if however he sells my vehicle on low risk terms then tries to purchase without me finding out the car has sold then he is using low risk terms =high risk profit. he is uncontactable at the moment which is extremly bazaar!!!

[JoeyJoeC]

How old was the car?

[gman1001]

10 years old but collectable and appreciating

[ericsbrother]

You agreed a contract and the dealer broke it. He owes you the difference. As long as you can get a signed sworn letter (costs about a tenner to get it witnessed by solicitor if you write it up yourself) and copy of the V5 you are home and dry.

[gman1001]

You agreed a contract and the dealer broke it. He owes you the difference. As long as you can get a signed sworn letter (costs about a tenner to get it witnessed by solicitor if you write it up yourself) and copy of the V5 you are home and dry.

 

Thanks for the advice everyone I really appreciate your help. Since my last post I have received a payment from the dealer at £29k minus £1800 (he's fee) = £27,200 (payment) which would leave a balance a shortfall of £800 as I can prove he sold it for £29.800,which I will have to pursue soon,in short he hasn't admitted fault but a payment over the initially agreed 25k is admitting fault in itself. But at least I have been paid ,so thanks everyone for your input it's great that people take the time to help or input there opinions .