united-kingdom
if person A reserved a car, but person B buy the car, can person A take back the car? If so, what can person B do?
<p>The title explain basically everything.
What can person B can do if person A take back the car ? </p>

<p>Thanks </p>

<p>The title doesn't explain everything. Here's a couple of scenarios.</p>

<h2>1. No binding agreement to sell.</h2>

<p>Let's say A goes to a car yard and talks to the dealer, and the A says "okay, can I reserve this car until next week?" The dealer says "Sure." They both walk away. <strong>No money or any other promise changes hands.</strong> Then at some point before A returns, B buys the car from the dealer.</p>

<p>In this case, A has no claim under contract law as an agreement to contract is not binding unless there consideration passes between the parties.</p>

<p>The car is completely and entirely B's.</p>

<h2>2. A contract to contract</h2>

<p>Let's say A goes to another car yard and talks to the dealer, and A remembers the car that he didn't get at that other car yard and says, "Okay, I'll pay you £1 for you to keep the offer to sell the car for £10,000 (it's a pretty nice car) open until next week. Agreed?" The car dealer says "Okay, sure." A pays him the £1 and they both walk away. Then at some point before A returns, B buys the car from the dealer.</p>

<p>In this case, A is able to file for breach of contract, because the car dealer agreed to keep the offer open and there was consideration, and so unlike the first scenario, A and the car dealer have a contractually binding agreement.</p>

<p>The possible remedies are specific performance or monetary damages - that is, a court may require the seller to complete the original agreement if it's possible, or else compensate A for the value of purchasing the car elsewhere, or else compensate A for the value of the purchase.</p>

<p>In this case, a court would take into account that B has purchased the car innocently and without knowledge of this bargain between A and the seller, and if the orders are for specific performance, some equitable compensation would also be available to B.</p>
