Hi all

I have sold my car through a dealer (he takes commision) and the car has broken down, they now want me to pay and have not yet paid me for the car, the didnt even tell me it was sold and i only found out it was sold when the tracker went of as they were towing it home.

I gave them the car in good faith and after an inspection,

What can i do?

 

Errr, why would you be liable for it if it broke down after you sold it? surely they are liable as the selling dealer (as a trader they have more liability, all be it limited, than you would as a private seller), if they sold with a warranty it's their problem, if they did not sell with a warrenty they still have some liability. Suggest you need to check carefully the small print in the contract you have with the dealer and see what that says about such issues, there may have been something written in the contract to limit their liability, you need to be clear how the realtionship between you and the 'dealer' was crafted to sort this.... good luck

 

All depends on how your contract is worded with them. What did you sign in terms of a commission contract?

Are you saying that the car was sold and then expired or that it died during a test drive?
If the former then why has it anything to do with you?

Give us a clue as to what you've signed up to?

Nick

 

I think it all depends on how the sale is classed.

If the car was sold by the dealer, on their commercial invoice as though it was a normal sale for them then the onus is with them to sort the problem. However, if the paperwork says 'Sold as Seen on behalf of Customer' then the Dealership will not be involved and it';s for you to sort. But, as we all know, if they've agreed to the car a 'Sold as seen' (especially once it's been inspected) then they've no real comeback.

Who is witholding payment? If it's the dealership then they MUST pay you as they've sold the vehicle you gave them. If it's the buyer then what the hell did the dealer think he was doing by letting someone take a car they hadn't paid for.

Hope this is of some use.

James

 

Update

the turbo failed as a result of being sat for a long period

The contract between myself and the dealer was verbal, he agreed to sell the car and take £500. i still have the V5 as they didnt call to tell me it was sold, i only found out when the tracker went off as the car was being towed home, they took another car as part Ex, plus money.

The delaer is withholding money pending the car ebing fixed, it was 110% and just serviced when i gave it over.

Dont know what to do now

 

help guys i go home soon and will have to face the MRS

 

Never heard of this happening (wouldn't think it is possible at all either).

The way i see it, the dealer has STOLEN the money from you.

 

Hmmm, wouldn't think so... more likely abuse by the new 'owner' or dealer not allowing it to warm up or cool down.

I'd suggest a quick call to the CAB would be in order to see where you stand on a verbal contract mate, I'd still say that if the car was sold and the dealer has your money from the buyer, he is obliged to pay you, if he has some sort of obligation to sort the car out for the customer that's his problem. If this is classed as a private sale, you would have no liability... get some advice and some firm facts on where you stand before tackling the dealer, (unless there is a Snetter who knows this aspect of law well who can give you some solid advice?)... hope it works out for you.

 

LOL - sounds like a garage technobabble. Translate as "the car was started from cold and WOT'd within 10 yards, killing the turbo bearing".
What do they say needs mending and how much? I take it that they want to do the repairs?

I'd get the car back from them asap - say that you'll repair it rather than them. Luckily you have the V5 so make sure you keep hold of it.


Nick

 

If the car has been sold by a dealer then the dealer takes on the liability from there on in. A dealer cannot sell something sold as seen as even if they used such a description it would not stand up in a court situation. Whether the dealer is correct to pursue this problem with you would all boil down to what arrangment you have with the dealer. Although the new owner can definitely pursue there claim with the dealer the chances are the dealer could then do the same with you (unless you have a written contract).

Bit of a messy one this but looks like you are going to parting with some cash whatever the outcome.

 

Just pay

 

Thanks guys

sleepless night, got hold of the legal dpeartment at work who take up things like this on behalf of employees

Dealer is liable for paying my agreed price for car minus agreed commision

Still feel bad

Ray