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Buying Rights

Featured Replies

Hello, I would appreciate any advice on the predicament i have found myself in.

I have put down a deposit on a 2010 titanium x sport 2.0 petrol at a local non ford dealership. They have delayed collection for a week before they told me it needed a software update before they released. when mechanics have delved further into it at a ford dealership nearby they have said that it may need a new engine. At this point i was stopped getting updates direct from the ford dealership.

I now fear I am getting watered down information from the non ford dealership. The car is a good price for the spec so I am still keen to purchase if fixed appropriately.

So, if Ford said it was in need of a new engine can I insist with buying rights that the car is fixed to these standards, bearing in mind when I deposited the car was in working order. if they go cheap and put a reconditioned engine in I have no idea if a poor reconditioned engine with 200k on the clock. if they put in a new engine I think they may want to recoup monies and put the price of the car up. Can they do this if they have agreed a sale price already?

Would appreciate your help or any advice. Thx

Paul



Hi Paul,

If they have agreed sale in principle with the deposit being accepted, then the vehicle is pretty much yours. They have an obligation to repair the vehicle to equal satisfactory condition. Therefore, if you bought a car with say 30k on the clock, putting an engine in there with say 50k on might not be unreasonable (on the basis that 20k isnt seen as a lot in the diesel lifespan) but, putting an engine in with say 60k or 80k in is clearly taking the mick!

Whether you buy the car, or someone else buys it, the contract in place between you is for you to receive that vehicle in the appropriate condition and for the price agreed, however I would make sure you have something in writing! and if they have provided such they have nothing at all to argue!

Worst case scenario, they could cancel the purchase arguing the vehicle is not to the same spec as you ordered it, and as such are unwilling to commence this for "your benefit" (even if it isnt!) but then they might turn round and sell the car either again through themselves with a higher pricetag, or for that matter might sell it trade to be sold elsewhere.

I would contact the Ford dealership who were looking after the car on their behalf, and keep pushing for clear answers! I would send a written letter demanding an update and resolution within a reasonable period of time (however many days you deem reasonable).

You have a contract in place for the car. Offer, acceptance and consideration (deposit) have taken place. They can rescind and give you your deposit back but would need to approach you and seek agreement.

They are obliged to give you the car in good condition hence they are seeking repair but they cannot put the price up now. Something in writing is best as James points out.

A fault of that magnitude would be sorted by Ford as opposed to some bogus reconditioned engine I reckon. In any case, they need to keep you in the loop. A bogus reconditioned engine would not be satisfactory in my opinion.

If and when you purchase this car, going on the hastle that I am having at the moment with our local garage, I would most certainly pay to have a good independant inspection of the vehicle carried out regardless. It may be money well spent and could potentially stop you from getting your fingers burnt.....just a thought anyway :)

I sincerely hope everything turns out well for you!

Or they will keep mucking ( polite version) you about like those cowboys at Trustford Eltham did to me until you give up and go away. They won't want to spend much, if any, money and probably hope they will find another sucker to buy it.

You should do what I did and walk away and find another car.

I'd probably walk a car of that age with faults not purchased at ford garage could be agro later on, surely their is others around for similar money even if it means a little bit of travelling. that said it's a different story if you can't get your money back and it's large notes

I think the 2.0 petrol is rare enough though so if that's the engine you want it's not do easy to walk our and buy a new one, unless I'm thinking of the wrong engine...

Correct it is a little rare, it's defo a tough one but I don't think I could risk it personally

True that.

  • Author

Thanks all, it's been confirmed today it needs a new engine and a new turbo.. £6.5k grands worth of work if brand new. Based on the comments above and a little more research I have firmed up my position with them regarding deposit reflecting contract of sale and I want to know before any more work is done to it. Let's face it a new engine would add/maintain value original mileage of this vehicle is 78k), a history with a reconditioned engine and I don't think most buyers would touch it.

Ford man, your bang on, it is a rare engine. Saying that another one has just come up in my town on autotrader but for £2k more than this car which is probably out of my reach with this spec.

I've got time, so I'm in this one for the long haul...

Would any of you take the reconditioned engine if they refuse to put a new one in????

Cheers all.

Paul

I would want to see history and I would expect a decent warranty on it, for example I would be asking a minimum 2 years warranty with all evidence of their age etc, but I would certainly Consider it. Having said that I would dig my heels in and threaten to walk and take action first.

Rare engine or not, I would walk away from this deal. I would imagine it would be difficult to prove provenance of the replacement engine (if recon). I would accept new engine but I can't see that happening in this instance!

  • 1 month later...

What was the outcome on this?

  • Author

Sorry been so long, there was some great advice on here accompanied by that from the citizens advice bureau.

I can't say too much as it going legal now.. unfortunately the trader refused to fix the car to an appropriate standard and when asked to he then refused to give me my £500 deposit back...

I have brought an identical Smax in pristine condition for £1500 more,

I need to go to small claims court to get the money back and other monies associated with it, to be honest if i could just get my deposit back tomorrow I would take that as I really can't be bothered to go to thru small claims, however for £500 I can't not go through it and therefore will pursue other monies also..

Happy to name and shame the trader once this is done.

The same car is still up for sale on the website, so god only knows what cheap trashed engine and turbo they fitted into it..I wonder if they will mention all this to the new owners.. (i doubt it)

Thank you all

Paul

Pm me a link to the motor :-)

And me please :)

  • Author

I have just checked and it is still there although they have put the price up £350 to £11,343 which is interesting..

I am going to call them tomorrow just to ask for my deposit back again to save the trouble.. if they refuse again happy to send the links but don't want to blow my chance of getting back my deposit yet..

(although to be honest you could google it and find it in a second! so try not to blow this for me! :o)

Struggling to find it on the phone lol

i found it :lol:

i found it :lol:

Seriously? I been looking for ages kindly give me a hint?

just type smax and the price into google.hey presto.

i wonder if they would move on the 3 quid?

Found it :) photos looks smart!

I was looking for Mondeo. No bleedin surprise I couldn't find it....

I also note a distinctive lacking of 'recent engine replacement' in the listinf

Surely that should be a winner.... Lol

  • 2 weeks later...
  • Author

I've got my deposit back now.. Swallowed my pride and called and asked for the money back again before submitting to small claims court and they agreed to give it back.

Car is still for sale, God knows what's going on with it now but I'd avoid like the plague..

Thx for all advice.

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