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| Hi wonder if there are anyone here who could shed some light. I went to look at some cars i was interested in make model etc and said i needed a 2.0 litre version for towing, he agreed.
Anyway they didnt have any at that branch so he said he would check group stock which he did and found me one. So part ex and price agreed i paid my deposit of 200 pound and went home fairly happy.
After doing some of my own checks the car which he sold was in fact a 1.6 litre but on my paperwork said a 2 litre so i called and the salesman said cant be. An hour later he called to say yes your right we have made a mistake someone on their website has messed up with description and pricing.
So basically now they are saying yes we can get you the car you originally wanted but we want 1300 pound more. So was wondering what my and their position is over this of course im not happy.
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| Your position is the salesman made a mistake, you can either decline the whole deal and get your deposit back, buy the 1.6 at the price agreed or go ahead at the higher price for the 2.0
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| Quote Him="Him"Your position is the salesman made a mistake, you can either decline the whole deal and get your deposit back, buy the 1.6 at the price agreed or go ahead at the higher price for the 2.0'"
Come on, he was hoping that he would be entitled to the 2 litre at 1.6 money.
lol
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| Quote Him="Him"Your position is the salesman made a mistake, you can either decline the whole deal and get your deposit back, buy the 1.6 at the price agreed or go ahead at the higher price for the 2.0'"
Thanks for that but I/ we agreed a sale on a 2.0 litre vehicle at that price. I agreed to buy it he agreed to sell it. It says so on my paperwork .
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| Quote SirBlighty="SirBlighty"Thanks for that but I/ we agreed a sale on a 2.0 litre vehicle at that price. I agreed to buy it he agreed to sell it. It says so on my paperwork .'"
No, you agreed on a 1.6l that was incorrectly described as a 2l.
They made an error. They admitted their error. You want them to give you a car worth 1,300 extra because of that error. You're dreaming.
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| Quote SirBlighty="SirBlighty"Thanks for that but I/ we agreed a sale on a 2.0 litre vehicle at that price. I agreed to buy it he agreed to sell it. It says so on my paperwork .'"
At the bottom of your paperwork I'll wager there is printed "E&OE" (Errors & Omissions Excepted), it's not exactly a get out of jail free card but it's been on all the dealer papers I've ever seen.
At the end of the day you could insist on performance of ther contracted terms but if it came to court, I reckon a judge would find that there was no intention to deceive and you would not win. It's a balls-up, accept it as such and move on
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| Quote Lord God Jose Mourinho="Lord God Jose Mourinho"No, you agreed on a 1.6l that was incorrectly described as a 2l.
They made an error. They admitted their error. You want them to give you a car worth 1,300 extra because of that error. You're dreaming.'"
I'm sure your dreaming of Chelsea winning the league too I was asking opinion on a question not trying to get anything extra. Good luck on that title.
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| Accept that it was an unhappy error on their behalf, but you could try asking for some goodwill if you go for the extra £1300 car, more free servicing, full road tax and a full tank of fuel. they will want to keep your custom.
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| Quote SirBlighty="SirBlighty"Thanks for that but I/ we agreed a sale on a 2.0 litre vehicle at that price. I agreed to buy it he agreed to sell it. It says so on my paperwork .'"
It says what on your paperwork?
I bet it doesn't say you agreed to buy a 2.0 litre car, not going off how you initially described the issue.
I bet it says you agreed to buy a 1.6 litre car which the car salesman thought was a 2.0 litre car.
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| Quote Him="Him"It says what on your paperwork?
I bet it doesn't say you agreed to buy a 2.0 litre car, not going off how you initially described the issue.
I bet it says you agreed to buy a 1.6 litre car which the car salesman thought was a 2.0 litre car.'"
No it says I agreed to buy a 2.0 litre car. They didn't have any at that branch so like I said he checked their group stock and sourced me one unfortunately it was a 1.6 not a 2.0 but he thought it was. It was me who spotted the mistake 2 days later while checking out the registration.
So all my paperwork clearly state a 2.0 litre
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| Subject to any terms and conditions (if any) which we haven't seen (including website t&c's), it does appear that a contract was entered into for the 2.0L vehicle for the lower price.
They may be able to advance some kind of 'mistake' argument or rely on their website t&c's which usually account for mistakes like this but frankly what are you going to be able to do?
Presumably you are not in possession of either the 1.6L or the 2.0L vehicle. They won't sell you the 2.0L unless you pay for the extra - even if this does amount to a breach of contract.
Your options are limited. Best to do what the poster above suggested and try and negotiate a discount or some extras for the inconvenience caused.
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| I think the OP has a case.
He did not especially want to buy that particular specific car, his requirement was to be supplied with a particular model of car, and as long as it had a 2.0 engine, it didn't matter which particular car. They could have sourced one from any of their stock anywhere. In this case, the contract and the pre-contract negotiations were all about a type of car and a specification, and not about one specific motor.
He should argue that they agreed to sell him a type of car at a 2..0 spec at an agreed price and so they should do so. The claim that they made a mix-up with their pricing is not his problem, since the price was not manifestly absurd. For example, if you were buying a 100K Roller which was mistakenly advertised in an ad for £1 then that wouldn't wash legally, as any reasonable person is taken to obviously know that a major mistake has occurred and no court is going to enforce it.
OTOH if you are selling loads of cars, and you do misprice one, but not by so much that it is blatantly obvious it's a mistake, then a court may well say tough luck, the deal stands.
The OP went to a car dealership - not to a sweet old white haired lady selling her runabout. It seems the salesman locally didn't know that a 2.0L model couldn't reasonably be sold at the lower price, and clearly if an experience car dealer doesn't immediately see it is an obvious mistake, then it can't BE an obvious mistake.
I don't think it's a certain win, but well worth a go - especially since it would be a small claims case so no costs risk if you lose. And the dealership wouldn't want to be dragged through court. You could also threaten them with Trading Standards.
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