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legal advice


srobrien

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Bear with me a while whilst I explain this situation. Basically back in February my brother in law put a deposit down for a brand new renault megane coupe from the dealers which was due for delivery about a month ago. The garage agreed to transfer his private plates for him prior to pick up and said they were waiting in the documents from the DVLA. About 3 weeks have passed and the garage kept fobing him off saying they were still waiting on the documents, so he decided to call the DVLA himself to check up on it.

When he called the DVLA he was informed that the documents were issued and had been picked up weeks prior. He then called the dealer to imform them of his contact with the DVLA to which the documents "mirraciously" appeared.

 

Anyway.....he said to the dealer he wanted the car within the next few days or he would pull out of the contract, the dealer said ok and they went to get the car from the lock-up.

 

As the driver was taking the car out of the lock-up he took the corner too tight and smashed the rear quater. Obviously my bro was more than peeved about this especially with the nonsence with the DVLA, so he politly told the dealer to ram the car where the sun dont shine and he was pulling out of the contract.

 

The dealer informed him that he couldn't do that and legally he didn't have a leg to stand on, so he would have to take the car?!?!?!

 

He called citizens advice which told him the dealers were probably right?

 

Now am I missing something here, he orders a brand new car, they mess him around for months, they then crash the car and expect him to pay a new price for a damage repaired car??!!!!

 

 

Sorry about the length of the thread but does anyone have any advise on this situation.

 

Cheers

 

R

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Found this after a quick search http://www.whatcar.com/news-special-rep ... EL=3150062

 

I think it all depends on what he's signed and how he paid the deposit.

 

I remember reading that if you pull out for cause (car not as described or not expected quality etc) then the dealer can keep the deposit but they have to prove that the deposit

was to cover costs that they incurred otherwise you can take them to the small claims court to get some of it back.

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He will have to read the terms and conditions to see where he stands, however if he has only put down a deposit, i believe he can pull out anytime but he may lose that deposit unless the contract says that it can be returned in certain circumstances

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