Lakeside Classics - Sale Or Return Dispute

[CSLSuperfan]

Ladies/Gents/LGBGT+/Two Spirited Penguins

Lend me your ears and some keyboard time.......

I am in the throng of a SOR agreement dispute with the above independent dealership and would appreciate some advice and/or general comment.

The Situation is something along the following :

I entered into an SOR agreement on the 28th November 2022 which was emailed to me prior to the dealership receiving my car. To precis the agreement there are 2 fundamental stipulations within the agreement:

1. The car would be sold at the agreed price(stated in the email) and a set commission (stated in the email) taken upon a successful sale.

2. If the seller decides they no longer wish to sell the vehicle there will be a cancellation fee charged (stated in the email) to cover the cost of labour and marketing.

Some 5 days prior to me withdrawing the car from sale the dealership provisionally sold the vehicle taking a holding deposit pending OPC warranty etc. The subsequent invoice i received was a little suprising as it represented 3 x times the agreed cancellation fee. The dealership have sighted loss of sales commission and nearly £1000 GBP in marketing costs.


Any advice would be greatly appreciated.

 

[T8]

If they'd provisionally sold the car why did you withdraw it from sale?

It seems like they did the job you contracted them to do and then you changed your mind.

They can't charge commission for a sale that didn't complete but I'm not surprised they're trying to bill you for something more than prep' and marketing costs.

A bit of sensible negotiating may avoid this getting messy especially if they've still got the car?

 

[Marky911]

^^^ I agree.

They upheld their end of the deal. They put the work in and had you a buyer on a hook but you threw him back in.

Fair enough if you'd pulled out before anyone wanted the car, but if they pretty much had the deal done and you changed your mind, they've a right to be a bit miffed and/or charge for their time and effort.

I think all you can do is ask if they'll accept a bit less, but I wouldn't hold out much hope.