Victory for dealer ‘evicted’ from internet car purchase

legal_updates

A contract is a contract and if the seller doesn't fulfil the sale then they always stand the chance of being sued for the disappointed buyer's losses.

Author: Dennis Chapman
Published:
Reading time: 1 minute

This article is 9 years old.

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

A client noticed a keen priced Freelander for sale from a main dealer on the Autotrader website.  The dealer made a successful bid but was then informed the vehicle wasn’t available because the seller to the main dealer had changed their minds.  

The client became very suspicious when the same vehicle suddenly appeared for sale on another specialist Land Rover main dealer site for sale at a higher price.  The client sued for the difference between the agreed price and the comparable price for other similar vehicles on offer at the same time and succeeded.

We suspect the same situation can arise when a vehicle is agreed to be sold and then the seller gets a better offer.  A contract is a contract and if the seller doesn’t fulfil the sale then they always stand the chance of being sued for the disappointed buyer’s losses.  If it were the case, of course, that the person selling the vehicle to the seller did change their mind then the likewise could be sued since they too are in breach of contract.

Dennis Chapman

In remembrance of Dennis Chapman 1951 -2015

Read more by this author

Getting in touch

You can contact us via the form or you can call us on 01480 455500.