Can I change my mind? Selling contract

[JB33]

I posted my car for sale through Motorway, I got a higher offer than expected. I accepted, they put me In touch with the buying dealer at that point and then they issued an agreement to purchase my car, to which I signed. The buyer for the dealership has traveled up and is due to collect today but no money has exchanged hands yet and no V5 has been changed. That all due to happen later today once he inspects the car in person.

Thing is, I think I now want to keep my car, I feel sad to see it go. Does anyone know if I can change my mind or what legal standpoint this takes?

[JB33]

anonymous said:

[redacted]

There isn’t any terms on it. Just a single sheet of paper PDF that had me confirm the millage is correct, there are no mechanical faults etc and then a part at the bottom saying
“I confirm the above details are correct and that by signing constitutes a contract to sell at the agreed price”.

It’s a purchase novice / appraisal.

[bennno]

Just tell them you bumped it, or the engines just started making a funny noise.

[J1990]

"signing constitutes a contract to sell..." Sounds pretty definitive. Rather than posting here is be in touch with them asap, at the very least you'll likely have to cover the costs for the transport arrangements that have been made.

[Equus]

I'm sure the buying dealer will be glad to have found a purchaser so quickly...

[paintman]

You will need to read their t&cs to see exactly what you have/haven't agreed to & take it from there.

Perhaps their buyer will arrive & start reducing the offer. Whether that would give you more room to get out of it I have no idea.

[J1990]

anonymous said:

[redacted]

They charge the buyer, not sure if it's a set value or a percentage of the purchase price but the seller doesn't see it normally.

The main problem here is that someone has posted the car for sale, received offers, verbally accepted and then contractually accepted the sale... Then randomly decided not to sell? It's almost like there was zero consideration before verbally and contractually agreeing to the sale. OP should have a word with himself.

[Monkeylegend]

JB33 said:

I posted my car for sale through Motorway, I got a higher offer than expected. I accepted, they put me In touch with the buying dealer at that point and then they issued an agreement to purchase my car, to which I signed. The buyer for the dealership has traveled up and is due to collect today but no money has exchanged hands yet and no V5 has been changed. That all due to happen later today once he inspects the car in person.

Thing is, I think I now want to keep my car, I feel sad to see it go. Does anyone know if I can change my mind or what legal standpoint this takes?

Ask yourself the question "How would you feel if you were the buyer, had travelled to collect, and the seller did this to you"

I bet you would be mighty peed off and be posting on here complaining bitterly

Edited by Monkeylegend on Friday 30th April 09:23

[Terminator X]

No money changed hands so no contract? Don't you need offer, acceptance, consideration eg payment?

OP just call them and cancel it so the chap doesn't start his journey.

TX.

Edit - just noticed that they have already traveled! Perhaps offer to cover that cost at some point albeit not straight away.

Edited by Terminator X on Friday 30th April 09:24

[awg454]

I would let it go,think of all the fun picking the replacement

[InitialDave]

Not really how you should conduct yourself, you've agreed to sell it and you shouldn't mess the buyer around.

If they turn up and try to knock you down, you could just say no and tell them to clear off, but if they go through with the deal playing it straight, you should too.

[J1990]

Out of interest, is this the GT86 that you were complaining about a few weeks ago?

[jjr1]

JB33 said:

I posted my car for sale through Motorway, I got a higher offer than expected. I accepted, they put me In touch with the buying dealer at that point and then they issued an agreement to purchase my car, to which I signed. The buyer for the dealership has traveled up and is due to collect today but no money has exchanged hands yet and no V5 has been changed. That all due to happen later today once he inspects the car in person.

Thing is, I think I now want to keep my car, I feel sad to see it go. Does anyone know if I can change my mind or what legal standpoint this takes?

Don't be a tosser. If they give you the full money, you should sell it.

[Terminator X]

anonymous said:

[redacted]

How do you deal with consideration then as it seems there is none? What about people that accept a job offer that is then rescinded before they start, or a house buyer that is gazumped in a rising market etc etc.

TX.

[Mave]

Terminator X said:

How do you deal with consideration then as it seems there is none? What about people that accept a job offer that is then rescinded before they start, or a house buyer that is gazumped in a rising market etc etc.

TX.

The difference is he agreed a contract. Gazumping happens before the contract is agreed.

[Terminator X]

Mave said:

Terminator X said:

How do you deal with consideration then as it seems there is none? What about people that accept a job offer that is then rescinded before they start, or a house buyer that is gazumped in a rising market etc etc.

TX.

The difference is he agreed a contract. Gazumping happens before the contract is agreed.

Ok fair enough, what is the consideration though if no money has changed hands?

TX.

[J1990]

Terminator X said:

Mave said:

Terminator X said:

How do you deal with consideration then as it seems there is none? What about people that accept a job offer that is then rescinded before they start, or a house buyer that is gazumped in a rising market etc etc.

TX.

The difference is he agreed a contract. Gazumping happens before the contract is agreed.

Ok fair enough, what is the consideration though if no money has changed hands?

TX.

I'm hoping I remember my contract law training here but... For a contract to be binding, there has to be consideration at both sides. That doesn't mean that the exchange itself has to happen, just that there was a promise of something with value, whether that be a promise to do(or not do) something or the provision of money/goods.

Seller's consideration - The promise of the action to transfer ownership of the vehicle
Buyer's consideration - 'X' amount of the queen's finest pounds.

The contract is upheld because there was a promise that the seller would complete the transfer of ownership. If the buyer has incurred costs then there can be recourse to regain those funds as well as other compensation if required.

[awg454]

Any news op what did you decide ?

[Monkeylegend]

awg454 said:

Any news op what did you decide ?

Not to post anymore.

[was8v]

It's not good form.

But I very much doubt they will sue you for the car or the costs they've spent. Wouldn't be worth it.