Verbal Agreements

[Louc]

I recently agreed a deal for a Pre reg car. The deal was offered in person at the dealership and gave me a price for the car I was buying and a part ex price for my car. This deal was then agreed over the phone later in the day.
2 days later when the salesman phoned for me to choose the colour of the car I was informed that they did not have the cars to Pre register but were expecting a new shipment in 4 weeks time and would ring us when they knew the colours so that we could make our choice.

We then went away on holiday and upon returning replied to a message from the salesman.

The upshot of the many following phonecalls is that they are saying that as I did not leave a deposit or sign any paperwork (even though I was never asked to do so) that there is no agreement at this time as they cannot Pre register vehicle at the moment. They are also saying that I only had discussions with the saleman and that what I am saying is purely hearsay.
They have made an offer of a new car at a price £1000 above the price agreed for the Pre registered car which I have refused.

During 1 phonecall the sales manager did say they had had some Pre registered vehicles in during the time we have been waiting. When I pointed out that 1 of these vehicles shouls have been mine he stated that they went very quickly due to the price and that none of them were mine as I did not leave a deposit or sign paperwork and was not on their system.

Obviously I am extremely upset about all that has gone on in the last few days, please could someone give me some feedback as to where I stand with this matter.

Yours in desperation

[ItWasn'tMe]

Re: Verbal Agreements

I do understand that emotions run high especially when you are insistent that an oral contract was entered into and they insist not, and that you feel betrayed but in my humble opinion, it might not be worth pursuing this just for a £1000 saving.

Oral contracts are very hard to pin down in a Court, especially if the account of the events differ between the parties or even the terms of the oral contract themselves.

It will be reliant on witness statements from both you, any other material witness, and for the other side, the sales person as well any one else you entered into discussion with on this.

To break down hundreds of years of common law into a few sentences which will, by no means give it justice, in contracts in general which includes oral contracts:

- the court will have to determine whether the offer really was an offer and not an invitation to treat. In the case of goods on display such as cars, etc, it could be said that the price quoted is an invitation to treat and then you make an offer and it is upto the sales person to accept it or not. If accepted, then it could be said that there was acceptance;
- the court will have to determine whether there was definite acceptance of the offer made;
- there was not just a mere acknowlegement, and that there was a real agreement entered into by both parties;
- that there was an intention on both sides, or at least from your perspective that you and the other party wanted to enter into legal relations and that it was not "subject to contract";
- the conduct of the sales person as regards his intentions to you would be seen objectively and would it amount to there being an acceptance of your offer?;
- was the "agreement" incomplete because its terms were not sufficiently clear or setout and if the answer to that is yes, there is no agreement;
- was the "agreement" reliant on a condition precedent such as the payment of a deposit and if yes, then there is no agreement;

That is it summarised I think and I apologise in advance if I missed anything but as mentioned, this is a vast subject and it might just be worth looking at a different dealership for your needs but I am sure others will pipe in with their thoughts as well if there is a way for you to proceed on this.

[Louc]

Re: Verbal Agreements

Thank you very much for taking the time to reply. We had a feeling that verbal agreements are binding but at the same time it's our word against theirs. I just hate being taken advantage of because they are bigger than we are and have more money.

Never mind I suppose we just have to chalk this one up to experience.

Thanks once again

[ItWasn'tMe]

Re: Verbal Agreements

Thank you very much for taking the time to reply. We had a feeling that verbal agreements are binding but at the same time it's our word against theirs. I just hate being taken advantage of because they are bigger than we are and have more money.

Never mind I suppose we just have to chalk this one up to experience.

Thanks once again

Verbal agreements are binding, it is just that their witness statements may exclude certain details which you might put forward in yours or they might mention something which is not true in theirs such as the fact that you said you will come in with a deposit. It is funny how selective memory comes into play when facing a court case. It is easier to prove a verbal contact when both parties agree there is one. What is harder is to prove is that there is one when both parties do not agree if there was one in the first place.

Apologies if that is not what you want to hear but it doesn't sound like a good place to do business with anyway and I am sure that £1000 that you are trying to recoup could be better spent than on a solicitor's or barrister's fees.

[Louc]

Re: Verbal Agreements

What you say makes sense and I don't think we will persue it any further.

However we have decided to make a formal written complaint to the management of the dealership and to the manufacturer of the car in question.

Thanks once again for taking the time to write a response. It is nice to know that there are some good people out there.

[Tools]

Re: Verbal Agreements

As well as complaining to the dealership you may want to consider complaining to the Head Office of the dealership (if it is part of a chain) and also the Head Office of the manufacturer. When buying a car, whether second hand or new, the rule of thumb I always follow is that a car salesman (private or trade) is lying through his teeth lol.........which is a bit rich coming from me..............a mechanic :tung:

[Louc]

Re: Verbal Agreements

Have now complained to dealership, dealership head office and manufacturers uk office. I suppose it's just a matter of wait and see now.