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Pulling out of a car sale
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AnthonyL
Sep 11, 2021, 2:46:25 PM9/11/21
to
Dealer has agreed price to buy car and "Used car vehicle purchase
invoice" signed by both parties.
Physical transfer planned for next week.
Seller now has received a better offer.
Ethics apart is there any legal obligation to go through with the
sale? The dealer will not have suffered any losses if the seller
pulls out.
FWIW I don't believe the seller and the buyer have met face to face,
all been done over the internet and clearly the inverse situation
would have allowed a cooling off period.
--
AnthonyL
Why ever wait to finish a job before starting the next?
invoice" signed by both parties.
Physical transfer planned for next week.
Seller now has received a better offer.
Ethics apart is there any legal obligation to go through with the
sale? The dealer will not have suffered any losses if the seller
pulls out.
FWIW I don't believe the seller and the buyer have met face to face,
all been done over the internet and clearly the inverse situation
would have allowed a cooling off period.
--
AnthonyL
Why ever wait to finish a job before starting the next?
Michael Chare
Sep 11, 2021, 6:41:00 PM9/11/21
to
On 11/09/2021 19:46, AnthonyL wrote:
> Dealer has agreed price to buy car and "Used car vehicle purchase
> invoice" signed by both parties.
>
> Physical transfer planned for next week.
>
> Seller now has received a better offer.
>
> Ethics apart is there any legal obligation to go through with the
> sale? The dealer will not have suffered any losses if the seller
> pulls out.
>
> FWIW I don't believe the seller and the buyer have met face to face,
> all been done over the internet and clearly the inverse situation
> would have allowed a cooling off period.
>
Is this a part exchange or is the car being sold into the trade?
> Dealer has agreed price to buy car and "Used car vehicle purchase
> invoice" signed by both parties.
>
> Physical transfer planned for next week.
>
> Seller now has received a better offer.
>
> Ethics apart is there any legal obligation to go through with the
> sale? The dealer will not have suffered any losses if the seller
> pulls out.
>
> FWIW I don't believe the seller and the buyer have met face to face,
> all been done over the internet and clearly the inverse situation
> would have allowed a cooling off period.
>
--
Michael Chare
Roland Perry
Sep 12, 2021, 4:58:08 AM9/12/21
to
In message <613cf838....@news.eternal-september.org>, at 18:46:17
on Sat, 11 Sep 2021, AnthonyL <nos...@please.invalid> remarked:
He might have a policy of walking away, or he could argue he has
incurred costs in arranging the purchase (which if through an online
marketplace might have involved now non-refundable commissions).
>FWIW I don't believe the seller and the buyer have met face to face,
>all been done over the internet and clearly the inverse situation
>would have allowed a cooling off period.
Has the dealer, or a representative inspected the vehicle (either of
which would be costs) and failing that is there a clause which says the
dealer can reject the car if it turns out to be in worse condition than
claimed?
--
Roland Perry
on Sat, 11 Sep 2021, AnthonyL <nos...@please.invalid> remarked:
>Dealer has agreed price to buy car and "Used car vehicle purchase
>invoice" signed by both parties.
>
>Physical transfer planned for next week.
>
>Seller now has received a better offer.
>
>Ethics apart is there any legal obligation to go through with the
>sale? The dealer will not have suffered any losses if the seller
>pulls out.
The outcome is going to depend a lot on the personality of the dealer.
>invoice" signed by both parties.
>
>Physical transfer planned for next week.
>
>Seller now has received a better offer.
>
>Ethics apart is there any legal obligation to go through with the
>sale? The dealer will not have suffered any losses if the seller
>pulls out.
He might have a policy of walking away, or he could argue he has
incurred costs in arranging the purchase (which if through an online
marketplace might have involved now non-refundable commissions).
>FWIW I don't believe the seller and the buyer have met face to face,
>all been done over the internet and clearly the inverse situation
>would have allowed a cooling off period.
which would be costs) and failing that is there a clause which says the
dealer can reject the car if it turns out to be in worse condition than
claimed?
--
Roland Perry
Norman Wells
Sep 12, 2021, 11:48:22 AM9/12/21
to
On 11/09/2021 19:46, AnthonyL wrote:
> Dealer has agreed price to buy car and "Used car vehicle purchase
> invoice" signed by both parties.
>
> Physical transfer planned for next week.
>
> Seller now has received a better offer.
>
> Ethics apart is there any legal obligation to go through with the
> sale? The dealer will not have suffered any losses if the seller
> pulls out.
>
> FWIW I don't believe the seller and the buyer have met face to face,
> all been done over the internet and clearly the inverse situation
> would have allowed a cooling off period.
It's a matter of contract, and for that you need both offer and acceptance.
> invoice" signed by both parties.
>
> Physical transfer planned for next week.
>
> Seller now has received a better offer.
>
> Ethics apart is there any legal obligation to go through with the
> sale? The dealer will not have suffered any losses if the seller
> pulls out.
>
> FWIW I don't believe the seller and the buyer have met face to face,
> all been done over the internet and clearly the inverse situation
> would have allowed a cooling off period.
It looks to me from what you've said above that the seller agreed to
sell and the buyer agreed to buy at the agreed price. If that is so,
then a valid, legally-binding contract has been formed, and it would be
a breach of contract for either side to pull out merely because a better
offer has been received.
Breach of contract is a matter that can be sued for in the courts.
AnthonyL
Sep 12, 2021, 11:56:18 AM9/12/21
to
On Sun, 12 Sep 2021 06:18:20 +0100, Roland Perry <rol...@perry.co.uk>
wrote:
Seller advertised on Autotrader. Dealer rang with an offer. No
clauses, just an invoice as stated earlier and a declaration by the
seller that the car is as advertised and mileage true, no damage etc.
Dealer hasn't seen the car and no doubt if not found to be as declared
will re-negotiate or pull out of the purchase.
wrote:
clauses, just an invoice as stated earlier and a declaration by the
seller that the car is as advertised and mileage true, no damage etc.
Dealer hasn't seen the car and no doubt if not found to be as declared
will re-negotiate or pull out of the purchase.
AnthonyL
Sep 12, 2021, 11:58:37 AM9/12/21
to
Seller advertised on Autotrader. Dealer rang with an offer. No
clauses, just an invoice as stated earlier and a declaration by the
seller that the car is as advertised and mileage true, no damage etc.
Dealer hasn't seen the car and no doubt if not found to be as declared
will re-negotiate or pull out of the purchase.
clauses, just an invoice as stated earlier and a declaration by the
seller that the car is as advertised and mileage true, no damage etc.
Dealer hasn't seen the car and no doubt if not found to be as declared
will re-negotiate or pull out of the purchase.
AnthonyL
Sep 12, 2021, 11:59:08 AM9/12/21
to
Resent as new thread as this response is not showing in the original
Seller advertised on Autotrader. Dealer rang with an offer. No
clauses, just an invoice as stated earlier and a declaration by the
seller that the car is as advertised and mileage true, no damage etc.
Dealer hasn't seen the car and no doubt if not found to be as declared
will re-negotiate or pull out of the purchase.
clauses, just an invoice as stated earlier and a declaration by the
seller that the car is as advertised and mileage true, no damage etc.
Dealer hasn't seen the car and no doubt if not found to be as declared
will re-negotiate or pull out of the purchase.
AnthonyL
Sep 12, 2021, 4:18:50 PM9/12/21
to
On Sun, 12 Sep 2021 10:17:00 +0100, Norman Wells <h...@unseen.ac.am>
wrote:
What would the dealer be able to sue for? Surely there needs to be
some loss?
wrote:
some loss?
Michael Chare
Sep 13, 2021, 12:48:06 AM9/13/21
to
car.
Speaking to the dealer would be a start. Has any completion date for
the sale to the dealer been agreed, if not presumably the seller can
delay for as long as he likes.
Norman Wells
Sep 13, 2021, 12:48:18 AM9/13/21
to
On 12/09/2021 21:18, AnthonyL wrote:
of bargain', ie potential loss.
There's also a remedy called 'specific performance' to compel the
defaulting party to comply with the terms of the contract, ie go through
with the agreed sale.
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