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Hello,

I am considering taking a dealer to the small claims court over a purchase gone bad. Basically I inspected a vehicle earlier this week and after some negotiation the dealer and myself agreed on a price subject to my wife inspecting the car on the weekend. I got the dealer to confirm the price by writing it on the back of his business card.

I requested the AA inspection and other details via email which the dealer sent me. Then fast forward to today and literally on the way to purchase the car I get a SMS from the dealer advising the car has been sold to someone else and said if I wanted the car I should have put a deposit down – which was never discussed at the time.

I believe it’s a breach of contract - however is it worth pursuing my costs in court (my wife is currently without a car and we will need to rent one in the interim until I can find something else)?

Cheers
Rich

From the dealer's point of view you never committed to buying the vehicle as there was no deposit placed and there was no sale agreement signed. The dealer will sell to the first buyer who commits to the sale by either placing a deposit or signing a sale agreement.

I don't believe you have a case to pursue in the disputes tribunal.

From my point of view I absolutely committed to buying the vehicle - I made a offer / he accepted and I promised to pay for the vehicle 3 days later, which he agreed to.

I also requested the information about the vehicle after our verbal agreement via email - and arrange insurance which shows my intent to purchase the vehicle.

I can understand your frustration, but unfortunately I don't think you would win this dispute as you hadn't signed a VOSA (Vehicle Offer and Sale Agreement) and hadn't paid a deposit.
I wouldn't spend time, expense and stress pursuing this matter. I'd forget about this dealer and buy another car elsewhere, putting this one down to experience.

Thank you I appreciate your advice.