Should the seller withdraw from the preliminary contract?

Question

Hello everyone,

We wanted to sell our car and found someone who would like to buy it. According to the preliminary contract, we agreed that we would draw up a new purchase agreement once the MOT and AU were completed. The buyer has not received any documents for the vehicle and has not made any down payment.

During the presentation it was stated that the car for sale is 100% in our possession and also our property.

My wife decided to keep the car because of the high costs of the MOT.

Can I, as the "seller," withdraw from the sale or do I have to get the vehicle inspected and then sell the car according to the previous contract?

michaelsal74 · Answer

So the normal HU/AU costs are already too high to be invested in order to sell it!? How much do you want to sell the car for? 200€…?

peterobm · Answer

So you have committed yourself to having the MOT and AU carried out, and the buyer can insist on this. or deduct the repair amount from the purchase price

alpha2002 · Answer

The buyer has the right to fulfill the contract.

The only legitimate thing you could do would be to obtain a deposit to cover the expected MOT costs and expenses. Otherwise, you run the risk—and I speak from personal experience—that the buyer might change their mind.

What kind of car do you have (year, engine size, km, price)?

capi13 · Answer

The repair costs are quite high (as determined by the MOT), and for this reason, we'd rather keep it. It doesn't make sense to invest another €1,000 to get the vehicle MOT and then sell it for X value, thus reducing the theoretical retail price by €1,000. (BMW 320D 160T KM – 2007)

I hope this makes it clearer.

floyd0815 · Answer

From a purely legal perspective, there is no such thing as a 'preliminary contract'. It is always a contract that is valid and must be acted upon accordingly.