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Car dealer wanting more money despite full ticket price paid

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  • Car dealer wanting more money despite full ticket price paid

    Hoping someone can help:
    We bought a cheap secondhand car for my aunt Saturday and payed the full amount for it. We are due to collect it next weekend after they have prepped it, we would have taken it the same day otherwise. I received a call from the dealer 1pm yesterday (Sunday) saying they'd made a mistake, the milage they advertised and sold it at - 50,000 - was wrong and was actually only 18,000 meaning he could not sell it at the price we'd paid but it would be £600 more. He would knock £200 off for us for the inconvenience or would refund us the full amount.
    My gut tells me he can't do this. The error is his, we bought the car based on the information he gave us. Otherwise dealers would constantly "under" price things to then ask for more money.
    Having just sold my house I can't now phone my purchasers and say I've made a mistake and need more money from them.
    Can anyone please advise me if I am indeed correct, and give me any acts to quote etc.
    We have a printed invoice style receipt, card machine receipt (paid on debit card) and the green slip from the V5C.
    thanks in advance!
    Tags: None

  • #2
    Re: Car dealer wanting more money despite full ticket price paid

    Morning, from the sounds of it the dealer cannot withhold the car or refund it, he will be in breach of contract. Unfortunately his mistake does not entitle him to go back on his word if you have already made payment or and got a receipt for the amount - too bad for him.

    Only if the mistake is accepted can he ask for the £600 more, but if the dealer refunds the amount then that will be a breach of contract which is actionable in the courts. You mention purchasers, what is your role in this then as that will depend what legislation applies to this particular sale but also whether the purchasers would want to take legal action for the £600.
    If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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    LEGAL DISCLAIMER
    Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

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    • #3
      Re: Car dealer wanting more money despite full ticket price paid

      Originally posted by R0b View Post
      You mention purchasers, what is your role in this then as that will depend what legislation applies to this particular sale but also whether the purchasers would want to take legal action for the £600.
      I think the OP was just drawing an analogy with the sale of their house?

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      • #4
        Re: Car dealer wanting more money despite full ticket price paid

        Hi and welcome.
        You have purchased the vehicle .... ownership is yours, although you do not yet possess it.
        Legally the dealer cannot now increase the price.
        You negotiated and paid the price in good faith.

        If he fails to release the car you might have to take him to court for the VALUE of the vehicle i.e. the price you paid plus the extra he wants as you would have suffered a loss of bargain.

        Did you note the mileage on the odometer when you were negotiating the purchase?
        Has the car been "clocked" since you saw it?
        If the car is over three years old you can check mileage details at MOT time here https://www.gov.uk/check-mot-history

        It might be easier (and certainly quicker) to negotiate a smaller increase in price than to go down the ourt route!
        Last edited by des8; 15th August 2016, 06:59:AM. Reason: crossed with R0b.. again!

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        • #5
          Re: Car dealer wanting more money despite full ticket price paid

          Thanks EXC, well forget my part about purchasers but the rest of it stands.

          The relevant legislation will be the Consumer Rights Act 2015 that will apply to you, the question I guess is what you would want to do about it. If the dealer refunds the money, you could bring an action to court for the market value of the car in that condition and age (take photos of the car and if its online printout the car advert and description) which would allow you to purchase the same car but that isn't a fast process.
          If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
          - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
          LEGAL DISCLAIMER
          Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

          Comment


          • #6
            Re: Car dealer wanting more money despite full ticket price paid

            Thank you so much everyone! I am hopeful that if we stand our ground with the dealer he will back down but wanted to be as well informed as possible first. I'm much more confident debating with him following your advice and confirmation that my understanding was correct.
            Should he not then I think we would likely take the refund and go elsewhere. I am pretty confident that he is a reputable dealer and the car is legit. I think he's made a genuine mistake and was hoping we would just accept the price increase. He's nothing to lose in trying I guess!
            I shall let you know how we get on.

            Comment


            • #7
              Re: Car dealer wanting more money despite full ticket price paid

              Did you see the mileage on the day of purchase or have anything in writing stating it? if there is a big difference check the previous MOT

              Comment

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