Mercedes took our order deposit then sold car!!

[Laurenmcc1]

Hi

 

 

Me and my boyfried went into Mercedes last Friday, after spending almost 3 hours there we found a car (used 2 years old) we loved so we paid our order deposit of £500.00. We then left the garage expecting a phone call in a couple of days to go in and sign the finance papers and confirm when we can expect to pick up our new car as it would have to be delivered from one of their other garages.

 

 

Later on the Friday we got a phone call to say that someone else was going to view the car on the Sunday who then bought the car.

 

 

Mercedes now cannot find a car the same as the one we put our deposit on. I thought that the car was ours and that we entered into a legally binding contract when they took our £500.00 deposit as our order deposit.

 

 

Can anyone else advise please?

[Conniff]

Yes, you had a contract. That contract was binding by implication. You saw a car, you said you wanted that car and sealed that contract with a deposit.

 

Breaches of contract can attract damages so if you find another car the same but it costs more, then you can claim that difference from the dealer that breached the contract.

[Laurenmcc1]

Thanks!

 

 

That is what I thought, however, Mercedes are now saying because they can't find the same car they can't do anything to help us for now. They are actually ringing round their existing clients who have the same car we want but are coming to the end of they agreement to see if they want to upgrade/change their car.

 

 

I know that they are trying to help but just not enough and I don't think it's fair. It was our first big purchase together and they have just taken all of the excitement away.

[Conniff]

I know exactly what you mean about taking away the excitement.

 

It could be that another purchaser offered more than your agreed price when told it was sold, this isn't unknown.

[fkofilee]

Well at least the Dealership are trying to say the least... They could have down right said no to hgelping you.

 

But yes as highlighted above, Contract law and because you paid a deposit and sealed the contract with said deposit, its legally binding.

But realistically, if they dont have a similar vehicle. Can you get your deposit back and go elsewhere?

[Laurenmcc1]

So they breach the contract with no implications effectively...?

[Conniff]

In a sort of way, but that depends on how you want to take it. You could get a few hundred out of them if they find you another by asking that they do the next 'full' service for free or fit a ????.

Rather than asking for financial recompense which you would have to show, asking for parts or services always gets you a higher value compensation.