Can garages do this

BILLNORFOLK

Empty_pockets wrote: »

Seems fair enough.

If you don't like the deal, walk away with your deposit intact.

If you're really keen, negotiate.

Have allready negotiated with my cards on the table the deal i thought had allready been made

Flyboy152

darich wrote: »

I don't see why the OP should have to renegotiate.
The deal was negotiated and agreed. A deposit paid and a contract formed. The contract was formed by the paying of the deposit.
Assuming the OP has a receipt which states the amount due, and the details of both cars, I'd imagine the dealer is in a poor position.
As Shaun has stated - what's the point in any contract if after forming it, one party can say it's wrong and get it renegoatiated to suit??

If it were me (and I realise the OP is a pensioner) I'd be standing my ground. I'd pay a visit to CAB or trading standards just to confirm the position but I'd have thought the dealer has to honour the deal agreed since it was signed and a deposit taken.
Any change prior to the deposit is understandable and allowed but after the deposit, then it's a contract that should be honoured.

The contract was formed on the basis that the OP was part-exchanging a different vehicle, perhaps the sales executive assumed (maybe based on information the OP gave him) he had a SX, instead of a Desire, for example. I am sure if the OP wants to find a vehicle the dealer assumed he was part-exchanging, they would be more than happy to conclude the contract.

I am pretty sure that the Citizens' Advice Bureau and Trading Standards wouldn't be very interested in taking up a case such as this. I am also pretty sure there is a clause in the contract which allows the dealer to withdraw from the contract, if they so wish, just as much as there is for the customer.

BILLNORFOLK

shaun_from_Africa wrote: »

But they did like the deal offered, which is why they paid a deposit.
What do you think the garage would do if a customer paid a deposit then suddenly changed their mind?
If the OP has signed a contract then it should be legally binding, otherwise what's the point of having written contracts at all?

it states on the reciept if i change my mind no deposits are refundable.

BILLNORFOLK

paulofessex wrote: »

OP have you Googled the name of the garage in question, just in case there has been other similar cases with them.

Yes but dont see any.

BILLNORFOLK

Flyboy152 wrote: »

Obviously a mistake has been made, you were notified within reasonable time and they have given you options. If you walk away from the deal, all you have lost is a little bit of time.

Mistakes happen, the sales executive was either not authorised to give part-exchange valuations, or has genuinely mistaken your model of Picasso for another (which could perhaps be the reason why he wouldn't have been authorised to value part-exchanges). Or the is a reason why the sales executive assumed the model was what the though it was, but upon checking, he discovered it to be something else. What did you tell him it was and what was it really?

This is nothing more than an opportunity to negotiate, I would suggest that you ask the dealer to split the difference and offer two hundred pounds.

He took all the information from the log book year cc model owners ,then gave me a price to part xchange.After a good look at my car.

Flyboy152

shaun_from_Africa wrote: »

But they did like the deal offered, which is why they paid a deposit.
What do you think the garage would do if a customer paid a deposit then suddenly changed their mind?
If the OP has signed a contract then it should be legally binding, otherwise what's the point of having written contracts at all?

They would have to return it, less any losses they have incurred.

Flyboy152

BILLNORFOLK wrote: »

He took all the information from the log book year cc model owners ,then gave me a price to part xchange.After a good look at my car.

Then he has made a mistake. Contract law allows for honest mistakes.

BILLNORFOLK

Norman_Castle wrote: »

Are you pleading pensioner poverty while spending £7000+ on a thirsty 4x4 ?

A Nissan Xtrail does over 40 mpg hence the reason for buying.Had sold a 1993 Pajero to buy the Picaso because of fuel price ,that was the newest car i have ever owned.This one will have to last a long time after working for 50 years (more than what most can say)surely i deserve a little more than a £500 ford escort .I am not pleading pensioner poverty as you call it ,but with only a pension comeing in any money i spend be it £7000 or £70 will never be replaced ,so paying another £400 or 3 weeks pension is something i would avoid if possible.It is plain you understand little of the Nissan Xtrail or you would not have made that comment ,but then every forum must have a Norman Castle i supose.

BILLNORFOLK

darich wrote: »

The OP doesn't state which model and you do know that a 2007 Nissan Xtrail 2.0dCi 5door Trek gets almost 40mpg, don't you?

Its actually a 2003 1986cc turbo diesel with 47000 on

BILLNORFOLK

Flyboy152 wrote: »

They would have to return it, less any losses they have incurred.

Why any losses they have incured ,i have done nothing wrong .