MINI2

Lyndseyw · Mar 8th, 2007, 08:32 PM

Hello,

I've had my gorgeous little car up for sale. I recieved a phone call from someone from York saying they worked for BMW and bought minis for their dealership. I spoke to my local dealership as mine was booked in for a valet and he said take it as it was a good offer and if I got a better offer I could cancel.
They offered me a good price and said I would accept it. Arranged for them to come down on Friday. However today I sold it for quite a bit more in cash. Phoend to canel nd left answerphone message. Thought I'd text tonight as well as I wanted to make sure they got the message.
I recieved a very angry phone call back saying I had broken my verbal contract and they had recorded proof and would hear from their solicitors tomorrow and they will be sueing me.

Where do I stand?

THANKS!!!!

*Vikki* · Mar 8th, 2007, 08:37 PM

what a load of rubbish ignore the idots and report them to MIN HQ!! its a scam probably!

Lyndseyw · Mar 8th, 2007, 08:41 PM

I thought so but know they are from Castle BMW and were arranging to clear my finance. I'm planning on ringing HQ tomorrow as the bloke was soo horrible he made me want to believe him.
Thanks!

Fin · Mar 8th, 2007, 08:41 PM

Did they warn you that your call would be recorded?

I doubt it.

Scrogg · Mar 8th, 2007, 08:42 PM

That's absolutely shocking Lyndsey!

I have no idea where you stand legally, but there are a fair few on here that will so I'm sure one or more will be along fairly soon, but speaking as a 10 year veteran of dealerships I am pretty sure you have nothing to worry about.

It is highly unlikely they will do anything about it, and even more unlikely they recorded the phonecall as there is no real reason why they would need to.

Paul · Mar 8th, 2007, 08:47 PM

If they recorded it with the intent of sharing with a third party they need to inform you first.

Oftel - faqs

Lyndseyw · Mar 8th, 2007, 08:48 PM

Have to say I'm sad enough selling my Mini One I've had since new but he really got me questioning myself. CHeers for your help. WOuld be great to know where I stand legally if anyone actually knows!

Fin · Mar 8th, 2007, 08:52 PM

Quote: Originally Posted by Lyndseyw (original)

Have to say I'm sad enough selling my Mini One I've had since new but he really got me questioning myself. CHeers for your help. WOuld be great to know where I stand legally if anyone actually knows!

Unfortunately I don't know for certain, as I had too much of a conscience to become a lawyer. However I always thought verbal contracts weren't worth the paper they are written on.

GarryThomas · Mar 8th, 2007, 08:59 PM

You won't hear from them,
first come first served.
Hard life being a car trader.

Saxford · Mar 9th, 2007, 10:05 AM

Lyndsey - I'm not a laywer, but as far as I know: if your car had been a boat (!!) then under maritime law you would have had a problem (verbal contract could have been enforced), but as it's a car you should be absolutely fine! You didn't sign anything, so there wasn't a contract

.

Just be careful if you ever buy a boat instead!

sef · Mar 9th, 2007, 10:25 AM

I wouldn't worry about it... As you didn't sign anything you are fine... When I bought my Mini I had verbally agreed a trade in price for my car but then sold it two days later for much more than they were offering me... They said you win some lose some...

russyellocoops · Mar 9th, 2007, 10:26 AM

Right lets reverse the situation!

The car is on his forecourt

I ring him - i want it!

Get there he's sold it!

You should have put a deposit down on the phone then shouldn't you!

He's being an ****!

Martin F · Mar 9th, 2007, 01:28 PM

On the information available I am not sure whether there was a contract to sell to Castle BMW.

But commonsense suggests to me that a potential buyer that rings up in response to an advertisement is unlikely to enter into a binding contract to buy a car he has not seen. He might say that he will come and see it and if it is what he is looking for he will buy it. But that is not a contract.

Even if he had a contract which is enforceable, what is he going to sue you for? He can't have the car as you have sold it. He could ask for the profit he lost but as your dealer indicated it was a good ( ie fairly generous ) offer he cannot claim he has lost the opportunity to buy cheaply. So it must be the normal profit he would have made on any purchase. But there are plenty of other cars out there to buy and he can still do so.

If I was advising him I would tell him not to waste legal fees on such a small and doubtful claim.

So in short, I would not worry about it.

ABG · Mar 9th, 2007, 01:51 PM

As the saying goes "A verbal contract is worth the paper it's written on".

This guy is talking nonsense and has no legal standing at all. Its just the sort of thing people blurt out when they are p***ed off.

Scrogg · Mar 9th, 2007, 01:57 PM

I can understand him being upset Lyndsey, as most likely the only reason he contacted you in the first place and offered to buy the car is because they already have a buyer for it who may have even put a deposit on it (dealers do this a lot) but that's their problem, not yours.

But, as russyellocoops has already said, if the roles were reversed and you'd agreed to buy the car but hadn't put a deposit on it you would just have to accept it, so chalk this down to experience and don't let it get to you.

antonyc31 · Mar 9th, 2007, 01:58 PM

Just to add what has been said before

he is pixxed off that he lost the sale

Wants to spook you with some pathetic threat which has got less chance of happening
than West Ham winning this year's Premiership title

Just relax, forget about it and just take great satisfaction that he is just a bitter
little ****.r who probably would not think twice in stitching you up if the scenario
was flipped

minicabrio · Mar 9th, 2007, 02:04 PM

He'd probably already pre-sold your car to a customer. I.E - told them it was coming in, and he perhaps had an almost sure sale.

Oh well, his loss, your gain.

louisthethird · Mar 9th, 2007, 02:09 PM

I can't imagine that BMW need MINI buyers anyway - there are enough pre-registereds about. Very weird situation. If it was yours to sell then you choose to whom you sell it.

Muppets. What's his name - I fancy some fun on the phone!!!!

Scrogg · Mar 9th, 2007, 02:14 PM

Quote: Originally Posted by louisthethird (original)

I can't imagine that BMW need MINI buyers anyway

You'd be amazed at just how difficult it can be for a dealer to find exactly the right used car for a customer.

Apart from being a contact for people who are just looking to sell a car without buying another one (which happens a lot more than you might think) these guys are also tasked with finding cars to suit individual customers' needs. Generally they are very professional, but sadly idiots like this make it very difficult for the rest, just like bad dealerships make the job harder for the good ones.

louisthethird · Mar 9th, 2007, 02:17 PM

This whole 'I'll sue you' thing gets right up my rectum! I work for the NHS and people are more interested in getting some cash from someone than actually getting better!

Madness

Mar 8th, 2007, 08:32 PM	#1
Lyndseyw MINI2 Newbie Join Date: Mar 2007 Local Time: 02:09 AM Posts: 4 Offline	Help! Anyone dealt with a mini buyer from bmw garage Hello, I've had my gorgeous little car up for sale. I recieved a phone call from someone from York saying they worked for BMW and bought minis for their dealership. I spoke to my local dealership as mine was booked in for a valet and he said take it as it was a good offer and if I got a better offer I could cancel. They offered me a good price and said I would accept it. Arranged for them to come down on Friday. However today I sold it for quite a bit more in cash. Phoend to canel nd left answerphone message. Thought I'd text tonight as well as I wanted to make sure they got the message. I recieved a very angry phone call back saying I had broken my verbal contract and they had recorded proof and would hear from their solicitors tomorrow and they will be sueing me. Where do I stand? THANKS!!!!

Mar 8th, 2007, 08:47 PM	#6 (permalink)
Paul Trained Monkey My Classifieds Join Date: Jan 2001 Location: Bedfordshire Local Time: 02:09 AM Posts: 40,356 Offline	If they recorded it with the intent of sharing with a third party they need to inform you first. Oftel - faqs Our trials and tribulations living in a "bleeding edge" eco house... Oxley Woods Living

Mar 8th, 2007, 08:59 PM	#9 (permalink)
GarryThomas MINI2 Regular My Classifieds Join Date: Mar 2006 Local Time: 02:09 AM Posts: 68 Offline	Car For Sale You won't hear from them, first come first served. Hard life being a car trader.

Mar 9th, 2007, 10:25 AM	#11 (permalink)
sef Affinity to 1320 Autos My Classifieds Join Date: Sep 2005 Location: A dark Corner Local Time: 02:09 AM Posts: 710 Offline	I wouldn't worry about it... As you didn't sign anything you are fine... When I bought my Mini I had verbally agreed a trade in price for my car but then sold it two days later for much more than they were offering me... They said you win some lose some... www.miniclubuk.com

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Mar 8th, 2007, 08:37 PM	#2 (permalink)
Vikki Winner MM best MINI ONE! My Classifieds Join Date: Jun 2004 Location: St Leonards-on-Sea Local Time: 02:09 AM Posts: 2,175 Offline	what a load of rubbish ignore the idots and report them to MIN HQ!! its a scam probably!

Mar 8th, 2007, 08:41 PM	#3 (permalink)
Lyndseyw MINI2 Newbie Join Date: Mar 2007 Local Time: 02:09 AM Posts: 4 Offline	I thought so but know they are from Castle BMW and were arranging to clear my finance. I'm planning on ringing HQ tomorrow as the bloke was soo horrible he made me want to believe him. Thanks!

Mar 8th, 2007, 08:41 PM	#4 (permalink)
Fin Giggity-goo! Join Date: Aug 2006 Location: Dangling by a thread Local Time: 02:09 AM Posts: 2,640 Offline	Did they warn you that your call would be recorded? I doubt it.

Mar 8th, 2007, 08:42 PM	#5 (permalink)
Scrogg Home Alone Join Date: Jul 2006 Location: Gloucester Local Time: 02:09 AM Posts: 16,600 Offline	That's absolutely shocking Lyndsey! I have no idea where you stand legally, but there are a fair few on here that will so I'm sure one or more will be along fairly soon, but speaking as a 10 year veteran of dealerships I am pretty sure you have nothing to worry about. It is highly unlikely they will do anything about it, and even more unlikely they recorded the phonecall as there is no real reason why they would need to.

Mar 8th, 2007, 08:48 PM	#7 (permalink)
Lyndseyw MINI2 Newbie Join Date: Mar 2007 Local Time: 02:09 AM Posts: 4 Offline	Have to say I'm sad enough selling my Mini One I've had since new but he really got me questioning myself. CHeers for your help. WOuld be great to know where I stand legally if anyone actually knows!

Mar 8th, 2007, 08:52 PM	#8 (permalink)
Fin Giggity-goo! Join Date: Aug 2006 Location: Dangling by a thread Local Time: 02:09 AM Posts: 2,640 Offline	Quote: Originally Posted by Lyndseyw (original) Have to say I'm sad enough selling my Mini One I've had since new but he really got me questioning myself. CHeers for your help. WOuld be great to know where I stand legally if anyone actually knows! Unfortunately I don't know for certain, as I had too much of a conscience to become a lawyer. However I always thought verbal contracts weren't worth the paper they are written on.

Mar 9th, 2007, 10:05 AM	#10 (permalink)
Saxford Fast corner happiness Join Date: Jan 2007 Location: West Sussex Local Time: 02:09 AM Posts: 36 Offline	Lyndsey - I'm not a laywer, but as far as I know: if your car had been a boat (!!) then under maritime law you would have had a problem (verbal contract could have been enforced), but as it's a car you should be absolutely fine! You didn't sign anything, so there wasn't a contract . Just be careful if you ever buy a boat instead!

Mar 9th, 2007, 10:26 AM	#12 (permalink)
russyellocoops having fun or hungover... Join Date: Aug 2006 Location: Preston Local Time: 02:09 AM Posts: 1,280 Offline	Right lets reverse the situation! The car is on his forecourt I ring him - i want it! Get there he's sold it! You should have put a deposit down on the phone then shouldn't you! He's being an ****!

Mar 9th, 2007, 01:28 PM	#13 (permalink)
Martin F Making it add up Join Date: Apr 2006 Location: Sussex Local Time: 02:09 AM Posts: 651 Offline	On the information available I am not sure whether there was a contract to sell to Castle BMW. But commonsense suggests to me that a potential buyer that rings up in response to an advertisement is unlikely to enter into a binding contract to buy a car he has not seen. He might say that he will come and see it and if it is what he is looking for he will buy it. But that is not a contract. Even if he had a contract which is enforceable, what is he going to sue you for? He can't have the car as you have sold it. He could ask for the profit he lost but as your dealer indicated it was a good ( ie fairly generous ) offer he cannot claim he has lost the opportunity to buy cheaply. So it must be the normal profit he would have made on any purchase. But there are plenty of other cars out there to buy and he can still do so. If I was advising him I would tell him not to waste legal fees on such a small and doubtful claim. So in short, I would not worry about it.

Mar 9th, 2007, 01:51 PM	#14 (permalink)
ABG Yatta!! Join Date: Jun 2003 Local Time: 02:09 AM Posts: 8,387 Offline	As the saying goes "A verbal contract is worth the paper it's written on". This guy is talking nonsense and has no legal standing at all. Its just the sort of thing people blurt out when they are p***ed off.

Mar 9th, 2007, 01:57 PM	#15 (permalink)
Scrogg Home Alone Join Date: Jul 2006 Location: Gloucester Local Time: 02:09 AM Posts: 16,600 Offline	I can understand him being upset Lyndsey, as most likely the only reason he contacted you in the first place and offered to buy the car is because they already have a buyer for it who may have even put a deposit on it (dealers do this a lot) but that's their problem, not yours. But, as russyellocoops has already said, if the roles were reversed and you'd agreed to buy the car but hadn't put a deposit on it you would just have to accept it, so chalk this down to experience and don't let it get to you.

Mar 9th, 2007, 01:58 PM	#16 (permalink)
antonyc31 MINI2 Newbie Join Date: Nov 2006 Local Time: 09:09 PM Posts: 44 Offline	Just to add what has been said before he is pixxed off that he lost the sale Wants to spook you with some pathetic threat which has got less chance of happening than West Ham winning this year's Premiership title Just relax, forget about it and just take great satisfaction that he is just a bitter little ****.r who probably would not think twice in stitching you up if the scenario was flipped

Mar 9th, 2007, 02:04 PM	#17 (permalink)
minicabrio Sing-a-long MINIer Join Date: Jan 2004 Location: Hampshire Local Time: 02:09 AM Posts: 16,000 Offline	He'd probably already pre-sold your car to a customer. I.E - told them it was coming in, and he perhaps had an almost sure sale. Oh well, his loss, your gain.

Mar 9th, 2007, 02:09 PM	#18 (permalink)
louisthethird MINI2 Regular Join Date: Aug 2006 Local Time: 03:09 AM Posts: 176 Offline	I can't imagine that BMW need MINI buyers anyway - there are enough pre-registereds about. Very weird situation. If it was yours to sell then you choose to whom you sell it. Muppets. What's his name - I fancy some fun on the phone!!!!

Mar 9th, 2007, 02:14 PM	#19 (permalink)
Scrogg Home Alone Join Date: Jul 2006 Location: Gloucester Local Time: 02:09 AM Posts: 16,600 Offline	Quote: Originally Posted by louisthethird (original) I can't imagine that BMW need MINI buyers anyway You'd be amazed at just how difficult it can be for a dealer to find exactly the right used car for a customer. Apart from being a contact for people who are just looking to sell a car without buying another one (which happens a lot more than you might think) these guys are also tasked with finding cars to suit individual customers' needs. Generally they are very professional, but sadly idiots like this make it very difficult for the rest, just like bad dealerships make the job harder for the good ones.

Mar 9th, 2007, 02:17 PM	#20 (permalink)
louisthethird MINI2 Regular Join Date: Aug 2006 Local Time: 03:09 AM Posts: 176 Offline	This whole 'I'll sue you' thing gets right up my rectum! I work for the NHS and people are more interested in getting some cash from someone than actually getting better! Madness

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