Can garages do this

Flyboy152

jase1 wrote: »

Whatever you do, OP, don't do what the dealer wants you to do which is to offer to meet him half-way. They're pulling a fast one and any professional garage would absorb their mistake.

If there was enough money in the deal, the dealer wouldn't be having this conversation. How much profit do you think the dealer is making?

You could see this as an opportunity to be honest. Take your deposit back, sell the Picasso privately, go back to the dealer and kick him in the nuts with a low offer (the car will most likely still be there). Or indeed find a different one, you don't want to be dealing with someone like this.

The deal on the X-Trail will be exactly the same. The only difference is that OP might get a bit more for his Picasso. However, I agree with selling it privately. The OP gets more for his car, the dealer can re-stack the deal in his favour and both will win.

I'd also say that you might get used to the Picasso. Give it a chance -- I loathed my Focus with a passion for the first month, then got used to it. (It damn-near crippled me with a dodgy clutch pedal that went all the way down, forcing me to pull the seat forward and drive in an awkward position, which contributed to a nasty episode of sciatica that curiously went away when I got the car sorted). Now it's staying on the "fleet" until it dies, like all my other cars have.

You might decide the Picasso isn't so evil after all in a few weeks.

Again I agree (I'm gonna have to lay down ), the Picasso is not a bad car. It is roomy, well proportioned and versatile. It doesn't have the greatest performance, although the 2.0 HDi is a good solid engine, it doesn't have the performance its size suggests (the 1.6HDi is far better in terms of horse power and torque), but it still gives a good ride. Its fuel consumption will be far better than the OP's alternate choice. Citroen have a good reputation regarding suspension and this is evident on the Picasso. It holds the road well and does not lumber as much as it competitor models (yes Nissan Almera Tino, you know what I mean ). The rear seats come out individually and are the same size, unlike the Corolla Verso and the Renault Scenic, respectively. The boot is massive and probably the biggest in its class (I think the Desire comes with that handy little shopping trolley). Build quality is not as good as Toyota or Nissan, a bit hit and miss, but is better than Vauxhall and Ford; just remember what you are paying for. Residuals are a bit better than the rest of the market, some consider the Picasso is as the bench mark in this sector, so generally performs well when it comes to re-sale.

darich

Flyboy152 wrote: »

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.

Presumably the OP took the car to the dealer and said "what can I get for a trade in on this vehicle?" and allowed the trader to have a look around. On that basis the dealer has quoted a price for the car the OP showed up in - it's not as if the OP has shown one car then tried to trade another.

EDIT : to put it another way...buyer goes to dealer and agrees to pay £x for car and leaves a deposit to secure. The next day the dealer says he made a mistake and the price is actually £x+y even though the receipt for the desposit states the price is £x. In both suituations, the dealer has formed a contract and must honour it.

My Gf was buying a car recently. The dealer had the wrong price on the windscreen. Not a massive amount (approx £500) out and to be honest we didn't even know it was the wrong price. GF agreed the deal using own car as trade in. The new car appeared on the website in the interim at the higher price. When she returned to complete the deal she was informed that the price was wrong but the dealer would honour it. It's a large nationwide chain of dealers too.

I still think the dealer is in the wrong having taken a deposit and formed a contract.

Kilty_2

Flyboy152 wrote: »

the Picasso is not a bad car..

Agreed, I had a brand new one for a fortnight and drove 2500 miles in it. 1.6 Desire.

Was a nice place to be albeit gutless.

Flyboy152

darich wrote: »

Presumably the OP took the car to the dealer and said "what can I get for a trade in on this vehicle?" and allowed the trader to have a look around. On that basis the dealer has quoted a price for the car the OP showed up in - it's not as if the OP has shown one car then tried to trade another.

My Gf was buying a car recently. The dealer had the wrong price on the windscreen. Not a massive amount (approx £500) out and to be honest we didn't even know it was the wrong price. GF agreed the deal using own car as trade in. The new car appeared on the website in the interim at the higher price. When she returned to complete the deal she was informed that the price was wrong but the dealer would honour it. It's a large nationwide chain of dealers too.

I still think the dealer is in the wrong having taken a deposit and formed a contract.

It is entirely plausible for a customer to drive into a dealership, tell the sales executive that their car is an SX, but it really is an LX. With the lack of badging on the car and if the dealership is not the same franchise, it is very easy to make a mistake.

The OP has since declared that he showed the dealer the V5 (not something that happens very often), so it is possible that he gave the OP the price for a 1.6, rather than a 2.0, or that he gave the price for a newer car. A genuine mistake; a scenario arguable in contract law.

Kilty_2

Flyboy152 wrote: »

It is entirely plausible for a customer to drive into a dealership, tell the sales executive that their car is an SX, but it really is an LX. With the lack of badging on the car and if the dealership is not the same franchise, it is very easy to make a mistake.

The OP has since declared that he showed the dealer the V5 (not something that happens very often), so it is possible that he gave the OP the price for a 1.6, rather than a 2.0, or that he gave the price for a newer car. A genuine mistake; a scenario arguable in contract law.

Dealer I bought my Picanto from valued my p/x as a Laguna III not II - when I tried to bite his hand off there and then he realised something was up

lucylucky

Ask for your deposit back and walk away.

See what the reaction is.

Norman_Castle

I dont want to cancell but being a pensioner dont realy want to pay an extra £400 ,how am i situated leagaly.
Would be gratefull of any advice thanks Bill

Being a pensioner has no relevance to your legal rights.

Wig

Norman_Castle wrote: »

Being a pensioner has no relevance to your legal rights.

He didn't suggest otherwise.

Coconut01

I would expect the garage to honour the original deal even if they have made a mistake. I think they are trying it on with you tbh. If they are not prepared to honour the deal i would ask for my deposit back and walk away.

darich

Flyboy152 wrote: »

It is entirely plausible for a customer to drive into a dealership, tell the sales executive that their car is an SX, but it really is an LX. With the lack of badging on the car and if the dealership is not the same franchise, it is very easy to make a mistake.

The OP has since declared that he showed the dealer the V5 (not something that happens very often), so it is possible that he gave the OP the price for a 1.6, rather than a 2.0, or that he gave the price for a newer car. A genuine mistake; a scenario arguable in contract law.

completely different scenario.

in your example car owner deliberately deceiving the dealer to get a higher price and therefore comitting a fraud....and it wouldn't be a mistake...it would be a lie

The OP has gone into a dealer, showed the V5 and the vehicle, agreed a trade in price, paid a deposit...deal complete, negotiations finished.
The dealer cannot now change it because he feels like it....the mistake is nothing to do with the OP or the deal that was agreed and as such the dealer should accept the hit.