Car sale

[BobT26]

I recently used Carwow to advertise my wifes car for sale at £12500. Their questionnaire was answered honestly and 8 photographs were supplied using the Carwow system. The car was sold within a day to Available Car for the asking price. Available Car asked some more questions which were answered honestly and required a third document to confirm our address which was supplied. Their agent arrived a few days later to collect the vehicle and he told Available Car he thought the car had a resprayed panel. This was not one of the questions asked of me prior to Available Car offering to buy. Available Car reneged on the deal and refused to purchase the car.
I feel so aggrieved and there is probably not a lot I can do but I just thought I would broadcast the poor service I received.

[atticus]

Before broadcasting your grievance, did you look at the terms on which the offer was made? Was it subject to any conditions?

[BobT26]

Hi
The offer was based on the information I provided. I accepted the offer. Is that not the basis of a contract?

[atticus]

Are you saying that there were no other terms, for example that everything was subject to their inspection of the vehicle?


https://www.carwow.co.uk/terms-and-conditions

[BobT26]

Hi
My contract is not with Carwow it is with Available Car. Carwow exclude themselves from the agreement as they say -
'We are not a party to that agreement. Any arrangements made between you and third parties which may be introduced to you through the site are at your sole risk and responsibility. You must carefully check the terms of any arrangements or contracts with third parties. All communications between you and any of our dealers or partners are subject to the terms and conditions of that dealer or partner, and we accept no responsibility or liability for any deal,'
Available car wrote via email 'Upon collection, an appraisal will be carried out, this means the cosmetic and mechanical condition of the car will be inspected. Once completed and as long as the description matches the original Carwow advert we ask that you let the driver take the car and we will make an instant/same day payment for your vehicle on the collection day and the car will be delivered to us.'
The description I gave was specific to the questions asked. At no time did Carwow or Available Car ask if the car had a resprayed panel.

[atticus]

On what you say, you appear to have a claim against this buyer. Have you sold the car since?

[BobT26]

No sale yet. Do you think my problem would be quantifying my loss? Could I force the agreement to be concluded at the agreed price?

[atticus]

You could claim for specific performance of the contract, i.e. that they complete the contracted purchase.

If you had sold the car for a lower price, your claim would be for the shortfall against the contract price.

[BobT26]

Thank you for your comment.
Would a Magistrates Court be the correct Court to pursue specific performance?

[atticus]

no. County Court.