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Cancelling Used car order

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Hi there, I'm really stressed out and hope someone is able to provide some advice.

 

We went to a car dealership yesterday and viewed a used car. We were there with two young kids for 3 hours and, perhaps it was the fatigue and wanting to get out of there, ended up agreeing to the deal and signed an Order for the used car with a part exchange of ours. We left the car dealership at 3:30pm.

 

We now have cold feet. It's a huge amount of money and really regret it. My partner and i have rowed about this since last night as he wanted to sleep on it but we ended up signing as salesperson was very effective on me. I've tried to call them but the salesperson has the day off today so I've emailed and asked him to ensure no action taken on the car and I will call tomorrow when he's in.

 

The car literally arrived into their dealership on the Friday. We viewed the next day (Sat). Nothing has been done to the car yet to prepare it. It's not due to be booked into the workshop to prepare it for release and sale to us until Tuesday. I know this for a fact. So no expenses incurred except for 3 hours of the sales person's time.

 

I paid a £500 deposit to hold the car on Friday so we could view it on Sat.

 

I've read the Order terms several times. There is no cancellation clause (nothing to say I can or cannot cancel) and no mention of any deposit.

 

My marriage isn't worth breaking up over for this car so I'm going to cancel tomorrow.

 

Do you think the dealership (it's a respectable brand) will sue me over the balance?

 

Secondly, do you think I have any chance of getting the deposit back? There's been no expenses incurred on their side. At most, they would have lost viewings on the Sunday to any potential buyers but that would have been the case anyway had I booked my viewing on Monday (holding deposit stated to be fully refundable in that case).

 

Thanks in advance for any advice. Super stressed about this.

 

:((((((((((((

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You can cancel


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Thanks. Would the Order Form not constitute a legally binding contract to pay the balance? Whilst silent on the matter of cancellation and deposit, it does say it's a legally binding contract.

 

Also, what do you think are my chances of getting the £500 holding deposit back?

 

I feel like a complete twit to have allowed myself to sign on the day at this amount :( I'm dreading speaking to the salesperson tomorrow. What reason to give for the cancellation?

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You might have an issue because they could say it was signed on premise

Did you sign a finance agreement?


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No finance agreement. It was to be a cash purchase so they've asked me to transfer the balance.

 

The only clause I can find in the terms which may be relevant is this:

 

Repudiation by the customer. If the customer does not pay for and take delivery of the vehicle within 14 days of notification that the vehicle is available for delivery, the Dealer shall be entitled to treat the contract as cancelled. If this happens....the Dealer shall be entitled to sell the car to another person...

 

Then it goes on to sat that they will refund the deposit less any expenses incurred in selling the vehicle plus any reduction in price sales achieved.

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