Garage double sold car

Probably not what you want to hear but you have your money back - move on and find another car.

The dealers will say you have your money back and they aren't responsible for the plate costs etc

yes, it's cost you some time and a little money, but dragging it out any longer will only cause you hassle , stress and more time spent.

Focus on getting a new car, and moving on. with things.
Totally this.

Plenty of cars around, the OP could get one today. I'd focus on helping my pregnant wife in this situation and just use the energy to find another car to our liking and move on.
 

tickedon

Well-known Member
You need to think what you want and ask for it. That could be
  • Find me an alternative car that I am happy with
  • Give me a good discount as way of compensation
  • Provide a courtesy car to cover the gap
At the end if the day, I don’t think the dealer is obliged to do anything other than to promptly return your money. Obviously there is there reputation though which is what you want to work on if you want more.

Cheers,

Nigel
Legally, as full payment was made, there's actually a breach of contract claim (claim would vary depending on exactly which jurisdiction buyer and seller are in) where potentially you could find another car (as close as possible) and if you have to pay more, you can claim the difference back from the original seller.

However, that's a real faff and a whole lot of work - asking the dealership to make the buyer whole, with one of the options you suggested, is the most pragmatic and sensible solution. Assuming the dealership will go for it...
 

nheather

Distinguished Member
Legally, as full payment was made, there's actually a breach of contract claim (claim would vary depending on exactly which jurisdiction buyer and seller are in) where potentially you could find another car (as close as possible) and if you have to pay more, you can claim the difference back from the original seller.

However, that's a real faff and a whole lot of work - asking the dealership to make the buyer whole, with one of the options you suggested, is the most pragmatic and sensible solution. Assuming the dealership will go for it...
Yes I appreciate the breach of contract, but if the seller refunds your money promptly it makes the case more difficult because you have to get past the “they made an honest mistake, apologised and returned your money promptly”. Not saying there isn’t a case just that there is more work to do if you want more. You would have to show true loss.

Need to check for clauses in the contract too - they may have it covered in the documentation that was signed.

Cheers,

Nigel
 

nvingo

Well-known Member
I still can't get my head round the dealership's 'warehousing' software allowing two users (salespersons) to move the same stock item from 'available' to 'unavailable'; whether simultaneously actioned or at quite different times.
And that a member above has alluded to this not being uncommon.
Surely once a dealer had it occur, and the customer bad feeling generated, they would be urgently seeking I.T. solution to prevent recurrence.
 

dmpzsn

Well-known Member
When we bought my Wifes last car, we were actually at the dealership about to sign the papers when I saw another salesman about to take someone else for a test drive in our about to be car.:mad: I pointed this out to our salesman who rushed out just in time to stop them.

I wasn't very impressed, surely they talk to each other.

We did get the car and she's very happy with it.:thumbsup:
 
When we bought my Wifes last car, we were actually at the dealership about to sign the papers when I saw another salesman about to take someone else for a test drive in our about to be car.:mad: I pointed this out to our salesman who rushed out just in time to stop them.

I wasn't very impressed, surely they talk to each other.

We did get the car and she's very happy with it.:thumbsup:
Well, the deal isn't done until its done. Too many tyre kickers about, I wouldn't take a vehicle, any product of sale too soon.

On a similar but very different note. We once were doing the deal to buy a new car and noticed a couple looking around our current car that was parked up but not unusual. A few minutes later I heard the sales guy come in and query whether that car was theirs as they are really interested in it. LOL, My trade-in price just went up :) And a multi-way deal was done.
 

dmpzsn

Well-known Member
Well, the deal isn't done until its done. Too many tyre kickers about, I wouldn't take a vehicle, any product of sale too soon.

On a similar but very different note. We once were doing the deal to buy a new car and noticed a couple looking around our current car that was parked up but not unusual. A few minutes later I heard the sales guy come in and query whether that car was theirs as they are really interested in it. LOL, My trade-in price just went up :) And a multi-way deal was done.
The salesman had the sales paperwork in front of him, so the deal was as good as done.

A great stroke of luck with selling your old car :thumbsup:
 
The salesman had the sales paperwork in front of him, so the deal was as good as done.

A great stroke of luck with selling your old car :thumbsup:
Yes true. You would have thought that at least there is some communication and management around the keys. And when a bigger deal ship it is marked on their CRM or ERP system.
 

dmpzsn

Well-known Member
Yes true. You would have thought that at least there is some communication and management around the keys. And when a bigger deal ship it is marked on their CRM or ERP system.
Not sure about that as I've never worked in car sales, but at the end of the day we got our car.:)
 

marvi0

Active Member
Bring the thread slightly back on topic :laugh:

What I didn’t say in that thread is that I won on a few other points in proving Negligence but wasn’t able to satisfy the judge in regards loss.

Actual example, the judge ruled that because the van was returned to me with a wheel nut missing this was clear negligence, however because I couldn’t establish a loss as the garage agreed to order me in a new nut when brought to their attention, no loss so that part of the case dismissed.
Just 🤔 what car the judge drives. Wouldn't be funny if it's a Ford, that's for sure!
 

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