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Discussion Starter #1
hi

i hope that i can get some advice from this forum - im panicking a little.

we ordered a new mini about a week ago, paid the £750 deposit for a sept/oct delivery but owing to totally unforeseen circumstances its now not going to be possible for us to buy this car. there is no finance or anything involved but we did obviously sign the purchase contract when paying the deposit.

i know the car has gone into build already so fully expecting to not get the deposit back, but after glancing through the order contract it says about 'entering a legally binding contract to buy this vehicle as specified below' etc - surely this doesnt mean the dealership can actually force us to pay the full price now even if we say we want to cancel and lose the deposit?

as the car is apparently being built, will they take us to court to get this money if we say we wont go ahead with final purchase when its delivered?


hoping some of you here can offer us any advice or knowledge before we get in touch with the dealer :(
 

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I spoke to friend of mine about this very subject only a few weeks ago. He's been int he motor trade since we both left school in 1982! He's current the sales manager for a large Mazda dealership.

Basically, you have entered into a legally binding contract and they could take you to court for loss of profit, but it simply doesn't happen. It's a battle that would cause so much bad publicity and ill feeling for the average dealership that it's usually much better for them to take it on the chin and move on.

I wouldn't loose any sleep over it. ;)

Tigger.
 
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Discussion Starter #4
thank you so much for the prompt responses, we just thought as the car is actually being built and these are more individual than a lot of mass produced vehicles that the dealer could be more heavy handed - its reassuring to know that the most we should lose will be the £750 :)
 

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Different manufacturer I know, but when I had to cancel my VW Golf last Sept ( £500 dep,) they gave me my deposit back a week after I wrote canceling it. There policy is that there is always someone else who wants a new Golf.

As far as I know in the Poole area VW Breeze are the only ones who do this, everyone else will keep the deposit evan Audi!
 

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Discussion Starter #6
yea well its fair enough if they keep the deposit. annoying to lose the money of course, but there is always another day in the future for us hopefully when we can go ahead. will post again after we let the dealer know, hope they dont get unpleasant.
 

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When I ordered mine I'm sure I read in the small print that if I pulled out of the deal, the dealership would try and sell it on their forecourt for a certain length of time then if it hadn't sold send it to auction. I would then be liable to pay the difference between the price we had agreed and the price they got for it. Not sure if they would try and enforce this or not.
 

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I think it also depends on the spec. If it is one that is likely to be easy to sell then the dealer may be willing to give you your deposit back. On the other hand, if the spec is not to everyones taste, he may be more difficult.
 

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There cant be much of a waiting list any more if the car is being built in less than a week. Also shows there is nothing strange on the spec as the parts would not be in stock on the production line.
 

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I spoke to friend of mine about this very subject only a few weeks ago. He's been int he motor trade since we both left school in 1982! He's current the sales manager for a large Mazda dealership.

Basically, you have entered into a legally binding contract and they could take you to court for loss of profit, but it simply doesn't happen. It's a battle that would cause so much bad publicity and ill feeling for the average dealership that it's usually much better for them to take it on the chin and move on.

I wouldn't loose any sleep over it. ;)

Tigger.
Absolutely correct - they could but most likely wont , most likely will give you deposit back too, but they may try it on a bit first

I'm in the trade myself and often come across this.:mad:
 

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Discussion Starter #11
will need to wait until tuesday to find out what they're planning to do about this - unfortunately the relevant people at the dealership are off until then. if they do hand the deposit back then we'll be delighted of course, but for now will just be pleased to close the matter even if it means they keep it - it is our fault for cancelling after all.
 

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Different manufacturer I know, but when I had to cancel my VW Golf last Sept ( £500 dep,) they gave me my deposit back a week after I wrote canceling it. There policy is that there is always someone else who wants a new Golf.

As far as I know in the Poole area VW Breeze are the only ones who do this, everyone else will keep the deposit evan Audi!
Hmm, bit different from my VW experience. I forgot to add auto air conditioning to my Golf and when I called the dealer to get the order changed (two days after ordering), I was told I couldn't change the car. On trying to cancel the order (I would have re-ordered from the same dealer), I was told that if I did try to cancel, they'd sue me!
 

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CHEQUE IT OUT
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if you let them keep your deposit they will do, but if you be nice and explain your circumstances and ask for your deposit back they will probably give it you back,
i have worked for a few dealerships and usually they will give it back unless you are a C***k with them.
 

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Discussion Starter #15
just thought id post the resolution to this one...

the good news is that the order has been cancelled - no obligation to buy it or legal threats or anything.

as the car is now in production and will be arriving at the dealers end of the week we're not getting deposit back as they now have to sell it from stock etc etc.

but its a good result, we werent really expecting to get deposit back, our main concern as in our earlier posts was that they would get heavy handed with us over the purchase and try and enforce the contract. thankfully, they havent.

they did say that it was wasnt for the build time wait being so short now after placing an order that we would probably have been able to get deposit back but apparently theres almost no demand at all right now hence they're being built and delivered to dealers within a couple weeks.

big relief all round anyway for us, maybe back in here in future if and when we can purchase one fully! - thanks for your comments and advice in this thread :)
 

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Rather that completly writing off the deposit you have already paid, would it be worth approaching the dealer and asking them to defer your deposit until your in a better position to purchase, they might not agree but could be worth a try :)
 

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just thought id post the resolution to this one...



they did say that it was wasnt for the build time wait being so short now after placing an order that we would probably have been able to get deposit back but apparently theres almost no demand at all right now hence they're being built and delivered to dealers within a couple weeks.
interesting. i ordered mine back in june i and i am not getting it until mid september. it appears that if i waited until now i would have gotten it sooner. that chaps my ass :)
i ordered mine from mini park lane though an employee program so that might have something to do with it.
 
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