Motorcycle mayhem

achrys

Thanks for your help on this one, will let you know the result.

bod1467

It depends on what T&Cs were attached to the order. If they reserve the right to cancel the contract (e.g. due to a pricing error) then you're probably up the creek without a paddle.

Taadaa

I don't think they are obliged to honour the sale if it was a genuine mistake, rather than false advertising. As it came up on the system at a different price, I suspect that it was a genuine mistake.

If it is still a good price, you could pay the extra £500. I doubt they would deliberately damage the bike in the interim - afterall, they probably rely on their reputation through word of mouth for business to an extent.

Forwandert

It's basically a miss price same as any other. Upto the point of purchase the retailer has the option of amending the price to the right price, errors are made sometimes.

The only difference is you have paid a deposit on an agreement to purchase the bike at £7500 but the trader doesn't want to accept your offer of £7500.

achrys

Checked over the sales order, and there's definitely nothing stating that the dealer can 'back out'. Or myself, without 'penalty'. I have spoken to trading standards, and have been informed that they are in breach of contract, and that I should inform them in writing, that they must adhere to it. Failing to do so, will result in court action - and I am assuming this would be along the lines of a 'loss of bargain' case.
I tried to work out a deal, and get some products (worth about £300 retail cost) for the £500 extra, but this was rejected. I tried to reach an amicable solution.
Thanks for your thoughts

George_Michael

I do wish posters wouldn't delete their original post once a few answers have been given.
The idea of these forums is for people to get advice, but also to provide information that may be of help to other people in a similar situation.

Just for info, here is the original post in full. (thanks to Google cache).

Hi guys,

I'm really concerned as to where I legally stand - and what
my full options are.

I visited a motorcycle dealership on Sunday and ended up putting a deposit on a second hand bike. Previously owned bikes (at this age) usually sell for £9500, and this one was priced up at £7500.


The salesman told me there had been two owners (themselves & one other) and the reason it was good value, was that it was sold cheap to a good customer (who kept it for 1 yr then part ex'd it for something else) & also, that they are removing this make from their range - so want to get rid of them.
Realising it was a good deal, I decided to buy it - subject to a check on a petrol tank issue - where the plastic was slightly warped. The bike still has 9 months warranty left, so the salesman said this shouldn't be a problem to get
sorted. When we went to do the deal, it came up at £9500, and I pointed out that the ticket was £7500 - the salesman checked, returned and priced it up at £7999. I again mentioned that it was £7500 on the ticket, to which he double-checked, and amended the price on screen.
I then paid a £500 deposit and signed a sales order form, with a customer declaration stating that I was happy with the purchase, the price & condition etc - subject to the petrol tank issue. Also that the deposit was non-refundable on a cancellation from my behalf.

I took a friend & visited the dealer the next day to complete the purchase & the salesman wasn't there. We were approached by the manager who saw us looking at the bike - who quickly explained that he was happy to see me, but regretted to inform me that the bike will not be sold to me for the price that had been agreed. He said that it was priced wrongly, and would NOT let it go out the showroom. He was trying to contact the salesman - which he said he couldn't do. I mentioned that I had an agreement, to which he shook his head, and said 'It's two grand more for the bike'. When I explained about putting a deposit, and having a 'contract', he still wouldn't budge. It was only when I mentioned speaking to Trading Standards, that things moved. He then decided to 'do me goodwill gesture' and only charge me another £500. I said yesterday I bought a bike for £7500, and today I have to find another £500?? He said that's the minimum he'd be letting the bike go for. That's it.

I said I need to discuss this with my other half - but felt totally gutted & let down.

Does anyone know where I stand on this. Surely they have to honour their contract?

The other thing that worries me - is that if I am correct, and they have to let the bike go at a loss, will anything happen to the bike before I receive it? (I hope not, but I can only liken it to complaining at a chef, and then asking him to prepare your food, pronto... :eek:)

What are all my options - apart from getting a refund (which the manager offered immediately!)

I did read once - in a similar case (in another country) - that a purchaser proceeded to buy the same model car from
another dealer, and the other (bad) dealer had to pay the difference? Is there any truth in this? Would certainly solve the chef issue!

Please
help!

neilmcl

I agree 100%. If any of the MSE team are listening why don't you do as other forums do and prevent the OP from being edited once a reply has been posted.

mttylad

neilmcl wrote: »

I agree 100%. If any of the MSE team are listening why don't you do as other forums do and prevent the OP from being edited once a reply has been posted.

Absolutely!!

DCFC79

Thanks for posting up the post from google cache GM.

OP why delete the post when you find it on google cache.

Its always helpful when someone posts the deleted reply, you can at least get an idea what the thread is about rather than not knowing whats going on.

Honeydog

It mainly seems to happen with threads about vehicles and dealers. People are unhappy so they create a thread. I'm sure they then panic in case someone from the dealers recognises the 'problem' and so they delete their post.

At this point a helpful person usually finds the original post and reposts it.

squeaky

neilmcl wrote: »

I agree 100%. If any of the MSE team are listening why don't you do as other forums do and prevent the OP from being edited once a reply has been posted.

You could raise this question here:- Site Feedback