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richie
28-06-2007, 19:28
does anybody know the legal implications regading buying a car.
i have given a substantial deposit on a car with a view to collecting on friday.i have a receipt that has been signed by both parties and a witness.
i also have been given the logbook and mot certificate.
the seller has informed me today he is not now selling the car.
how do i stand legally.
i dont want to be funny with him but i just feel very let down.

topaz
28-06-2007, 19:37
tell him you already sent the logbook off, see how that works

RS2000CUSTOM
28-06-2007, 19:38
Why would you be given the MOT and V5 if you have not fully paid for the car ?

If seller is mad enough to have done that then he is gonna have 2 more owners on the V5 (yours and his again !)

As he is now not fulfilling his side of the "contract" I would ask for compensation on any travel costs or expenditures you may have suffered as well as interest on your deposit paid

Possesion is 9/10ths of the law so I see it as you have V5 and he has car

Let the arguements begin :boxing:

richie
28-06-2007, 19:42
Why would you be given the MOT and V5 if you have not fully paid for the car ?

If seller is mad enough to have done that then he is gonna have 2 more owners on the V5 (yours and his again !)

As he is now not fulfilling his side of the "contract" I would ask for compensation on any travel costs or expenditures you may have suffered as well as interest on your deposit paid

Possesion is 9/10ths of the law so I see it as you have V5 and he has car

Let the arguements begin :boxing:
funny thing is i went to view 1 car and ended up buying two. so he gave me both sets of docs. also like topaz says i have already sent the log book off. ( that went this morning with the other one).

RUDDY
28-06-2007, 19:43
Do we know him ? As no one wants a fall out ...:o

The question maybe is, has the previous keeper signed and dated the V5 when he handed it to you , if not all you have at the end of the day is a piece of paper and he still has the motor and your deposit. I would say best to get your cash back and hand everything back , no point falling out.

Signed hand written receipts etc are worthless I read on some legal thing somewhere, a signed and dated V5 however may be a different kettle of fish .

richie
28-06-2007, 19:48
v5 is signed and dated.

RUDDY
28-06-2007, 19:51
Trader or private Richie ?

richie
28-06-2007, 19:54
it was a private sale mate.

richie
28-06-2007, 19:57
thing is i dont intend to try and force the issue.
i,m not like that but its just a f**ker when this happens.

hally
28-06-2007, 20:04
go for it richie hes ****ed you about, tell him youve sent log book and hes signed and dated it and that he has not got a leg to stand on!

Aled
28-06-2007, 20:59
What reason has he given for not selling the car?.

ian parker
28-06-2007, 22:05
As Dave said, possession is 9/10 of the law, having said that, a verbal contract is as binding as a written contract, it,ll come down to how far you want to pursue it, tough call

Frosticles
28-06-2007, 22:17
That's not good mate. Hope you get it sorted. You have been messed about too much lately. :(

Aled
28-06-2007, 22:18
a verbal contract is as binding as a written contract

I'm not so sure about that Ian :confused:

How can one prove the conversation took place?

rwdrs
28-06-2007, 22:20
all very well and good but a log book "is not proof of ownership" thing is a verbal contract is a contract in itself, several pieces of paper including the V5 means he's agreed to sell the vehicle to you no doubt, he can break the contract but must pay you some sort of compo.

As far as it goes though the new owner can just apply for another log book so don't count for much, having the V5 in your name.

rwdrs
28-06-2007, 22:23
I'm not so sure about that Ian :confused:

that is law everywhere, some of these call centres in Germany are so crass that if you're cold called and agree to have info sent to you about a product then that is considered a "legal contract", so Yes a verbal contract is BINDING

Aled
28-06-2007, 22:27
that is law everywhere, some of these call centres in Germany are so crass that if you're cold called and agree to have info sent to you about a product then that is considered a "legal contract", so Yes a verbal contract is BINDING

That may be the case on the phone, where you are tape recorded.

I'm just asking, where there is no evidence of the conversation then surely to god it couldn't.

eg....someone comes to see my car at home where I may have it for sale....... 2 days later, they come with a stupid amount of money and say I said I'd sell it to them !!!!

I don't think so. Evidence is required. (unless I have missed the point somewhere?)

rwdrs
28-06-2007, 22:41
That may be the case on the phone, where you are tape recorded.

I'm just asking, where there is no evidence of the conversation then surely to god it couldn't.

eg....someone comes to see my car at home where I may have it for sale....... 2 days later, they come with a stupid amount of money and say I said I'd sell it to them !!!!

I don't think so. Evidence is required. (unless I have missed the point somewhere?)

Nope, these phone calls aren't recorded and there is no evidence, it's not on IMO but it's legal. It used to be called a gentleman's agreement and it is binding.

Aled
28-06-2007, 22:48
Nope, these phone calls aren't recorded and there is no evidence, it's not on IMO but it's legal. It used to be called a gentleman's agreement and it is binding.

I'll have to go and visit ******** and a week later go to the court and tell the Magistrates that Ian agreed to sell it to me for £12,000.:rolleyes:

Fingers crossed, they would believe me......

Ian, when are you available this week?:confused: ;)

bigjohnie
28-06-2007, 23:05
hi richie,i dint know he changed his mind on the nordic car,take car of my old signal yellow car please.i have thousands of pounds worth of reciepts for that car. i would prefer to stay out of the conversation too but the same thing happened to me last year when i sold my beloved terracotta car to finance a 30,000 i owner red car and he changed his mind when i was about to leave glasgow on my way to pick it up .i am still fuming and promise i will meet up with the ****er one day

rwdrs
28-06-2007, 23:08
There have been a number of TV programmes on it here, believe me, you can get out of these contracts most of the time, but by the time you realise that you've agreed to a 2 year contract (for example) it's often too late.

I always understood (and was told as much) that in the UK that a verbal contract is just that a contract, ask your lawyer.

Aled
28-06-2007, 23:13
There have been a number of TV programmes on it here, believe me, you can get out of these contracts most of the time, but by the time you realise that you've agreed to a 2 year contract (for example) it's often too late.

I always understood (and was told as much) that in the UK that a verbal contract is just that a contract, ask your lawyer.

Ye ok

Mk2grp4
28-06-2007, 23:38
What a downer.....There are quite alot of BELLENDS in this world.....

Try these people , these are motoring laywer's , there are some links too ,don't know if these can help worth a try..

http://www.pepipoo.com/Home.htm


Good luck