Audi, Mercedes, Porsche, BMW Forum

Welcome to Deutschespeed.com the newly launched community for German Performance car lovers. The site is in it's launch phase at the moment and so content and membership is small (but growing). Soon we'll have competitions and much more. If you'd like to be apart of what's going on, sign up and join in!

Advice needed

Senna11

Racing Driver
Posts
1,095
Likes
324
My father put a £500 deposit on a new car, only to be told that the car will now be delayed to July when initially he was told March which he understands can happen. However he has had a change of heart and feels the car that he ordered will be too big and given his age probably a wise move! But he was told by the dealership that if he cancels his order then he will lose his deposit - having checked his paperwork I cannot see that this was binding.
Surely he should have a refund?
 

moonstone

Tyre Kicker
Posts
3,162
Likes
1,678
Location
Lanarkshire
Drives
Audi R8 V10+ • Taycan GTS
Well that’s what I thought but feel they are possibly taking advantage because of his age.

That's exactly what's happening here. He's placed a deposit on a product that they now cannot deliver within the timescales stated on the original agreement. What if the car is delayed by ten months, 2 years, 10 years? Do they get to perpetually hold onto his deposit until they can actually fulfill the order?

Time for you to have a word on his behalf methinks...
 
Last edited:

DaveA

Boy Racer
Posts
91
Likes
58
Drives
BMW M135i xDrive
Will all depend upon what the terms of the agreement are that he signed…

If I recall correctly, the terms for my last car order did not guarantee a delivery date and so changes in delivery date would not likely have caused the seller to default on the agreement or not be able to otherwise meet their obligations… and there will also be something in the agreement about what happens if the buyer cancels…

OK, so that is the legal position, but I find it hard to believe, in this market, that the dealer cannot fill that slot with another order and refund your Dad as a goodwill gesture…

My last order was changed, by BMW, with the specification changes due to the chip shortages… In that case, it was a default as they seller could not supply the car as ordered… We did a deal on a. Replacement and moved the deposit over…

Edited to add - I just went back and had a look at my order form last time to check. In that order, they stated an "estimated delivery date" (so, note, not a fixed date) and the terms of sale were "The Seller will endeavour to deliver the Vehicle and any additional parts or accessories as agreed under the Contract within the time agreed or if no time has been specifically agreed, within a reasonable time."... There is some wriggle room by my reading and they would, I am sure, have claimed that no date was specifically agreed and so any delay would then fall to a test of "reasonableness"... Is a three month delay reasonable in the current climate...?
 
Last edited:
Top