Dealer overvalued my car

property.advert

There are two contracts here. one to buy a new car and one to sell the old one. You cannot mix them up.

It seems as though a contract exists to buy the new car and the finance would indicate this but I don't see much more than an appraisal or guestimate for the old car.

I also don't think they have bought your car.

motorconsumer

Thanks posters...

Been talking this over and have also spoken to Consumer Advice. They think I should also pursue the full amount per the contract. effectively the deal came into force when the finance agreement came into force, and also mentioned something about lack of diligence on correctly valuing my car by the dealership when offering to buy my car is totally their fault and as the consumer I shouldn't be penalised of finacially out of pocket because of their mistake. should make an interesting call in the morning

Once again thanks for your viewpoints, will update post if I remember

motorconsumer

property.advert wrote: »

There are two contracts here. one to buy a new car and one to sell the old one. You cannot mix them up.

It seems as though a contract exists to buy the new car and the finance would indicate this but I don't see much more than an appraisal or guestimate for the old car.

I also don't think they have bought your car.

okay that ame after I posted and that's an interesting viewpoint, couple of thing and I wonder if this changes your viewpoint...

I didn't think they could have two separate contracts I.e. It has to all e in one deal and secondly the fact that we have now swapped cars and the relevant v5 details have been signed by them? Oh and the verbal contract they made?

do take you point on two separate things though... Thought this might be more complicated than I thought!

shaun_from_Africa

but I don't see much more than an appraisal or guestimate for the old car.

I also don't think they have bought your car.

The garage has taken possession of the car so I would class this as more than an appriasal or guesstimate.

Tucker

Moneymaker wrote: »

I don't understand this. What are they supposed to be checking and from where/why is he bringing your car?

I think check means cheque and brought was meant to be bought.

property.advert

The verbal contract is binding but hard to prove. It is still two deals though as neither is dependent upon the other. The OP could sell his car without buying the new one and similarly could buy a second car without selling the first. The very fact that none of the financing was connected (new financing does not settle existing) goes a long way to proving they are separate contracts, though they were negotiated at the same time.

What is the car and the online guide prices from the various websites ?

I'd fight for the 19.2k and start adding damages for my time and so forth. In fact, my argument may be pushed so that I frighten them into thinking that if they go all the way and lose, my legal bills and damages will run way way more than the £2000 they are arguing over.

Would I help them out ? that would depend on what relationship I wanted going forwards with the other car. My gut says stick it to them though.

shaun_from_Africa

The verbal contract is binding but hard to prove.

Maybe so, but as the dealer has filled out the relevant parts of the V5 documents and the car has been given to them, surely this is proof enough that there was a contract and that it has been concluded apart from the garage paying what they agreed to pay.

motorconsumer

Tucker wrote: »

I think check means cheque and brought was meant to be bought.

Spot on - my spelling can be quite atrocious

newfoundglory

Dealer has taken ownership of the car, but claims not to have purchased it yet and has not paid the agreed price? Is that not theft, by definition?

spiro

Unless both contracts (buying new car and selling old car) were signed by both parties at the same time then you have left yourself open to all sorts of porblems especially if you signed the contract to buy the new one without having a contract in place to buy the old one.

You could agree a selling price of £19,200 but when you take it in they say 'Well there is a scratch there, a small dent there, this trye is low on tread all of which we will need to repair so we are only going to able to offer you £18,000'. They will claim that all of these 'faults' did not exist when they first looked and the car and valued it.