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Car dealership error

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  • Car dealership error

    Hi all, looking for some advice please related to a recent car purchase.

    A car dealership provided me with a quote for a new car. My intention is/was to buy the car on finance. Since this is a new car the dealership and the car manufacturer are contributing to the deposit. I had discussed the car and the quote no fewer than 5 times with the salesman. Earlier this week I decided to go ahead with the car and finance quote and paid a deposit of £1000 (the balance of my deposit would become payable when I collect the car in a few months). I haven't signed any contract or finance agreements at this point. Today the salesman called me to say that he had made a mistake in calculating the deposit contribution, in effect he had double counted a portion which meant the amount to finance increased so the monthly cost will increase by £100 per month.

    I asked the salesman to honour the original offer but he has refused. In my view I have a valid contract - they made an offer, I accepted it and paid £1000 deposit to secure the offer. Furthermore, the salesman had sent me the order form for the vehicle which shows the deposit amounts and the monthly finance amount, he also has confirmed in writing the total amount of my deposit and total of their deposit contribution prior to realising he had made an error.

    Can I do anything to force them to continue with this contract? What rights do I have at this point in time?

    Thanks

    C
    Tags: None

  • #2
    Hello.

    I'm afraid part of your post doesnt make sense because you say at one point you paid a deposit of £1000 and also say that the deposit becomes payable on collection. So which is it, you have physically paid the deposit or youve not yet paid it?

    Have you signed any documentation that you've got in your possession such as an order form? If nothing has been signed and you've not paid your deposit then I dont see a contract formed unless you can convince a court through the ordering of the vehicle that what was stated was agreed.

    Really you have two options, the first being you walk away from the deal and cancel the order based on the salesman's misrepresentation. The second, you continue with the car and demand that the dealership pay you the difference over the term of the contract.

    Either option you take I would suggest that you keey all further correspondence in writing for evidential reasons, preferably by email if you have the salesman's email address, or the dealerships. I would expect them to push back and fight you on it so in reality, if you seek option 2, then you might have to go all the way to court.
    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
      Going to disagree with R0b this time as I think he has misread your post.
      I understand you to say you have paid a deposit, but the balance of the deposit required by the finance house is to be paid later.

      Basically they made an offer, you accepted , consideration passed from you to them and there was intent to create legal relations.
      I see that as a contract

      Comment


      • #4
        Thank you des for the clarification and if that is the case, then I agree a contract would have been formed in which case the two options I mentioned would apply unless anyone can suggest otherwise.
        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


        • #5
          Thanks for your help. I don't fancy going to court over a car, the salesman will not honour the original agreement we had so I plan to walk away from the deal. *sigh*

          I wonder how they would've reacted if I pulled the same "it was a mistake" excuse once the car arrived, I imagine they would take me to the cleaners or at the very least put a mark on my credit file.

          Comment

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