Restriction on Resale

[shiggy]

i have ordered an RS3 sportsback for delivery next year.

the dealer has asked for a change to the contract of purchase to prevent reselling. has anyone else experienced this?

i have no intention to sell the car as its a long term keeper but intrigued that this is even happening.

 

[garethdj]

Can’t imagine that’s legally enforceable


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[billymc92]

i have ordered an RS3 sportsback for delivery next year.

the dealer has asked for a change to the contract of purchase to prevent reselling. has anyone else experienced this?

i have no intention to sell the car as its a long term keeper but intrigued that this is even happening.

I got asked also what I do for a living for this reason. It’s funny I’d like to see how they can stop you selling your car.
A month down the line “sorry I’ve lost my job, I need to sell my car but I’m not allowed so you can just give me the full asking price back as I’m not allowed to sell it” lol good luck to them.

what about the car dealers that have 5+ on order for obvious selling reasons

 

[NHN]

Wtf, seriously, its truly none of there business what you do with your car once purchased tbh, this is becoming quite ridiculous now.

I appreciate car resale values are high, in some I guess twisted way they're (at a stretch tbh) coming down morally so people aren't paying over the odds for a car, however, in a capitalist world, that's an individual's decision what they buy & sell, to dictate on this level is not a pleasant read tbh.

 

[shiggy]

they want a fairly chunky % of any money received above purchase price

how they will know you have sold the car is quite another - perhaps warranty transfer?

 

[garethdj]

they want a fairly chunky % of any money received above purchase price

how they will know you have sold the car is quite another - perhaps warranty transfer?

Warranty transfer isn’t a thing really. It stays with the car. Even then if they realise in some way it’s a different name taking that car in for service/warranty work, how would they ever know the sale price.

If this is bought on finance I’d assume they’d even have even less of a leg to stand on.


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[NHN]

I can't see how they can make a contract change unless its in the fine print, I do want to know what the actual legitimate reason is for this tbh.

 

[abmat]

I bought a limited run watch that was specifically made for our unit. In the contract it stated that if I sold it within 3 years the warranty would be voided.

Porsche apparently did attempt to stamp on flipping a few years ago, but it’s still in full force. As with all brands, those who know will get hold of the product to flip it leaving joe bloggs with very long wait or forced to buy at inflated prices. As long a people are prepared to pay the practice will continue.

Fair? No. But a fact of life and the markets.

 

[8YARWY]

Lol maybe they should put a restriction on themselves jacking up the prices on cars that are trickling through.


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[abmat]

Lol maybe they should put a restriction on themselves jacking up the prices on cars that are trickling through.


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True. But they’re only pricing at what the used market has set. As prices drop so will they.

 

[Orange5]

i have ordered an RS3 sportsback for delivery next year.

the dealer has asked for a change to the contract of purchase to prevent reselling. has anyone else experienced this?

i have no intention to sell the car as its a long term keeper but intrigued that this is even happening.

What is the reselling period they’ve stated? When can you resell without penalty?

 

[8YARWY]

True. But they’re only pricing at what the used market has set. As prices drop so will they.

Lol no they are being greedy…….

It’s clear to see they ain’t selling at those prices.

You’d be an idiot to pay well over the odds when you can just wait for a brand new one.

But saying that, a fool and his money


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[mb127]

Interesting. Only heard of this type of thing on high end cars.
Can't see it being worth the hassle asking people for a change of contract.
Have you got exactly what the terms are they want to add?

 

[Terminator x]

Interesting. Only heard of this type of thing on high end cars.
Can't see it being worth the hassle asking people for a change of contract.
Have you got exactly what the terms are they want to add?

Just supply vs demand, pretty much no cars around right now + high demand. I am happy to wait and pay RRP!

TX.

 

[Snake Pliskin]

Somewhat an over reaction in any case - how many cars are in circulation currently which this would apply to ... not many !
In a few short months this will burn out as more and more people are taking delivery of their cars.

 

[billymc92]

I got lots of offers for my LE and it was not even advertised, one being 10k over list price at £67k and I’ve still got it….

 

[garethdj]

Better man than me, if I could make a quick 10k with a Vorsprung still on order (if I’m remembering correctly) I’d be there!


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[billymc92]

Better man than me, if I could make a quick 10k with a Vorsprung still on order (if I’m remembering correctly) I’d be there!


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Vorsprung could still be 5/6 months away, rather sell this when the vorsprung comes, I think I’ll not loose any money on the LE

 

[Mr Freeze]

Better man than me, if I could make a quick 10k with a Vorsprung still on order (if I’m remembering correctly) I’d be there!


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Same here 10k in the bank and wait for another one

 

[Waq1]

i have ordered an RS3 sportsback for delivery next year.

the dealer has asked for a change to the contract of purchase to prevent reselling. has anyone else experienced this?

i have no intention to sell the car as its a long term keeper but intrigued that this is even happening.

Yeah my contract stated in bold writing that I am not allowed to sell the car for commercial gain within 6 months of delivery.

Didn’t bother me at all.

Tbh they should have made it 12months and found a way to legally enforce(I guess they could just avoid selling you a new car again) to keep the used supply low and help retain values.


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[mb127]

Yeah my contract stated in bold writing that I am not allowed to sell the car for commercial gain within 6 months of delivery.

Didn’t bother me at all.

Tbh they should have made it 12months and found a way to legally enforce(I guess they could just avoid selling you a new car again) to keep the used supply low and help retain values.


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That's fair. Could still sell at the price you bought it for within the 6 months by the sounds of that.

 

[Mike.46]

Yeah my contract stated in bold writing that I am not allowed to sell the car for commercial gain within 6 months of delivery.

Didn’t bother me at all.

Tbh they should have made it 12months and found a way to legally enforce(I guess they could just avoid selling you a new car again) to keep the used supply low and help retain values.


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I'm not sure that would be legally binding, BMW tried that with my mate and an M3

 

[Mike.46]

Comparing the RS3 to my current Golf 7.5R the biggest difference was, The RS3 was Quieter, smoother, both engine and gbox, better damped over bad roads, steering was lighter? didnt like that at first, lane assist a PITA when crossing white lines, so turned that off, not hugely quicker? but it had 70 miles on it so maybe restricted through ecu? but there again my Golf runs a Superchip at about 350/360 so its fairly lively anyhow.
Didnt really push it that hard around roundabouts etc as we were in the middle of the latest storm and there were huge puddles all over the place etc

 

[garethdj]

Yeah my contract stated in bold writing that I am not allowed to sell the car for commercial gain within 6 months of delivery.

Didn’t bother me at all.

Tbh they should have made it 12months and found a way to legally enforce(I guess they could just avoid selling you a new car again) to keep the used supply low and help retain values.


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Commercial gain is interesting to define though. Tells me, don’t flip this if you’re a trader but not don’t sell this for more money than you bought it for privately.

Be really surprised anyone could enforce this either way.


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[NWHighlander]

I know of the exact same demand from a dealer with a new Defender. I don't see how they can enforce it.

Mike

 

[Garrett 69]

From what I've been told by a solicitor friend, it's not a legally enforceable clause in the UK. Such caveats cannot be made for the simple reason that the manufacturer/dealer has no financial claim on the vehicle once sold.

 

[NWHighlander]

As a matter of idle interest I have just checked the Order Form for the RSQ3 due Mar, no sign of any restriction, it's immaterial as I propose to keep the car. I also checked the OF for my wife's R which was delivered in late Sep again no mention of restrictions.
In my previous I mentioned a Defender placed under time bar restrictions, why for chrissakes, you can't give away any JLR product !!

Mike

 

[Alan Oliver]

As others in the post have alluded to, There should be a law stating that Dealerships are not allowed to sell used cars like new RS3 (i.e. Demo's) for up to 10K over list price. *** i remember when Demo cars were simply loss leaders....

 

[abmat]

From what I've been told by a solicitor friend, it's not a legally enforceable clause in the UK. Such caveats cannot be made for the simple reason that the manufacturer/dealer has no financial claim on the vehicle once sold.

Interesting. Does this apply to cash sales as well as cars bought on hp/pcp through Audi finance that are technically theirs until the final payment?

 

[Mastachaz]

Lol maybe they should put a restriction on themselves jacking up the prices on cars that are trickling through.


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true

 

[Keano04]

I got lots of offers for my LE and it was not even advertised, one being 10k over list price at £67k and I’ve still got it….

I’ve been offered £65k and I don’t even have my car yet

 

[Keano04]

What contract is this? Your pcp contract with Audi FS?

Not sure why else you’d need a contract with Audi for buying a car?

Can we see a pic of the wording?

 

[Waq1]

14) You confirm and agree that you do not intend to and will not resell the Goods anywhere in the world for commercial gain within 6 months of delivery. You also confirm that: you are resident or your place of business (as applicable) is in the UK or the European Economic Area (“EEA”); or, where you are a finance or leasing company, the end user of the Goods is resident or has its place of business within the UK or the EEA. If you breach any confirmation or agreement set out in this clause, we may cancel the Agreement under clause 16 and/or we will be entitled to claim from you the reasonable charges and other direct losses we properly incur under any agreement we have with the manufacturer and/or importer of the Goods as a direct result of your breach.



Clause 16 basically says if the agreement is cancelled by either party they’ll sell it to another person.

It’s part of the T&Cs of the order form that’s signed by yourself and 2 business managers.


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[Waq1]

10) If we fail to deliver the Goods within 42 days of the estimated delivery date, you may give us notice requiring delivery. If we fail to deliver within 28 days of receipt of such notice, you may give us notice cancelling the Agreement and clause 15 will apply.


I think this clause is why its important they give you an estimated delivery date.


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[Jcbmally]

Interesting. Does this apply to cash sales as well as cars bought on hp/pcp through Audi finance that are technically theirs until the final payment?

The manufacturer/dealer don't own it once sold via PCP or HP. The finance company own it and they do not give a toss, even the manufacturers own finance companies. All they care about is getting there monthlies or settlement payment. When I rejected a car the finance company were not bothered the Audi dealership was loosing out, they just wanted their money back.

 

[Snake Pliskin]

this is getting like AMG vs Red Bull

 

[NevMan]

this is getting like AMG vs Red Bull

 

[Jcbmally]

this is getting like AMG vs Red Bull

So what we need is a track, safety car, hard/soft tyres and throw away the rule book, I'll get the popcorn lol.

 

[IanSC]

Interesting. Does this apply to cash sales as well as cars bought on hp/pcp through Audi finance that are technically theirs until the final payment?

I was just told this morning that I would be required to sign something stating that I did not intend to resell it and would not resell it.

 

[Jcbmally]

What you guys should say is "yeah, I'll sign that but you need to confirm/commit to a delivery date and you sign that" . One rule for one eh ***.