New car purchase - dealer missed deposit

Sae · Post by **Sae** » Fri Sep 21, 2018 5:35 am

This is a bit if an odd situation but just thought Id throw it out there to the forum for comments.

Got a new car (non bmw) about a month ago.
Last week dealership got in touch to ask to confirm if the deposit transaction had left my account as they are missing it. Turns out it had not. But everythjing else in terms of deposit balance etc did and finance paperwork was signed off before taking delivery of the car.

So what is the legal position here? Payment isnt an issue, but just curious to know if I actually need to pay or what is the legal position of ownership if I refuse to pay.
For any guys in the trade, does this sort of thing happen a lot?

Worcester_spoon · Post by **Worcester_spoon** » Fri Sep 21, 2018 5:50 am

Not an expert, but I think you’d have a pretty hard time convincing a judge you should keep the money, especially as you’ve signed a contract agreeing to pay a specific amount, which you currently haven’t paid. If the money had left your account and they’d lost it internally, then fair enough, but admin aside, with the money having not left your account, you haven’t fulfilled your side of the contract and they are perfectly within their rights to come and take back the car if you don’t pay.

IMHO It’s a nice idea that you could keep the money as ‘they didn’t spot the error’, but it’s just that - a nice idea. I’d get onto them and pay it ASAP.

Sae · Post by **Sae** » Fri Sep 21, 2018 6:27 am

Paying the deposit isnt a problem, but more suprised that it was missed... probably happens more often than I initially thought

Smartbear · Post by **Smartbear** » Fri Sep 21, 2018 6:27 am

How would you feel if somebody purchased something from you but then tried to hold onto the money?
Just pay it & keep your dignity

Rob

Beerman · Post by **Beerman** » Fri Sep 21, 2018 10:23 am

I really can't see this ending up well with anything other than you paying what you agreed to pay.

I'm actually surprised you've asked such a question.

Sae · Post by **Sae** » Fri Sep 21, 2018 3:39 pm

Smartbear wrote: ↑Fri Sep 21, 2018 6:27 am How would you feel if somebody purchased something from you but then tried to hold onto the money?
Just pay it & keep your dignity
Rob

The deposit payment details were put down with the order 3months prior to delivery, and then the dealer had a week in between full payment and delivery of car.

As I said payment isnt a problem, I was looking for insight to whether this is a common thing or dealer insight into processes... I thought they would have taken the deposit on entering an order for the car.

Was initially shocked as I thought it was a scam

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