changing trade in value after contracts signed.

Belles1979

Please somebody help!. I believed I bought a used car today, part exchanging my old car as part payment. I had a value agreed, vehicle unseen on the first visit to the manufacturer dealership. Deposit paid. I returned on Monday, in the part ex vehicle, to test drive the actual vehicle I was buying. Happily then paid the remaining bill by debit card.
I drove the part ex vehicle to the dealership tonight to sign the paperwork to change owner after they had done some bodywork.
Now. Bearing in mind I had just driven there, the sales rep went to appraise my part ex car stating "don't worry, nothing will change it's just a formality". She returned, and paperwork duly signed by myself and her, my V5 was signed, but not the one for the purchase vehicle.
The deputy manager appears on scene and tells me my car has a major fault and they needed to look at the trade in value. I refused, stating the car was fine when I drove onto the forcourt. The manager was then contacted, and despite me having all the signed contracts agreeing t
he trade in and that they h ave sold me the new vehicle and all money's have been received, he refused to release the new car to me.
I have left the part ex car on the forcourt, as I believe it now to be their property due to the signed contracts and the sale/transfer section of my v5 being signed by them. I am now stranded car-less and nothing to show for my £6500.

Could someone please explain where I stand, as to me it appears to be breach of contract??

Apologies for long winded post!

ValHaller

Are they giving you the option to take your trade in car and £6500 away?

Belles1979

I think they may offer the £4500 back & my old car, but I want the car they've sold to me, and the price they have signed for. Are they in breach? Dont they now actually own my old car with the paperwork signed? Thanks

ValHaller

Are they in breach? Yes if there is a contract, no if there is not. Not quite as clear cut as you hoped.

My feeling is you made a mistake to leave the car and the keys with them as it gives them ample opportunity to inflict the change in value to justify their position. plainly to me they are trying to gazump you. How much extra did they want?

I suggest that you go in in the morning and ask for your old car and your money back - when this is refused, their argument may be that there is a contract so you can't. At which the logical outcome is to say well if there is a contract, then it is for £6500 plus your old car. They may say that the contract is for you to buy a new car and taking the part exchange is another contract.

Ideally take a witness. You may not get a resolution, but the idea is to get some understanding of what their position is.

Waht evidence do you have that there is a contract - and what do you think the contract is?

Belles1979

I have the v5 from my old car signed by themstating they have purchased it, and I quote
"motor trader/insurer or dismantler: I declare that this vehicle was sold or transfered to me on the date shown in this section"
Signed & dated today, with dealers stamp on.

I also have the receipts for the deposit & remainder balance after part-ex.

I also have the invoice for the final handover. It has all the financial breakdown, and then it states:

"Customer - I have purchased the above vehicle at the price shown" (including the
original part-ex figure) signed and dated by myself today.

It then states:

"Company - we certify that we have sold the above vehicle to the customer shown and at the price shown and that INPUT TAX (their capitals) deduction has not been made and will not be claimed by us in respect of this vehicle"
Signed and dated today, by them, not 30 seconds after I signed my part.

It says at the bottom, in full capitals:
This vehicle (one being purchased by me) is sold without reservation of title and remains the property of the sell until paid in full.

The bill was paid in full on Monday 18th Feb.
The £2000 part-ex allowance is included in the financial breakdown part of the signed invoice as described above, with signed confirmation they've sold me the vehicle and I have the debit card receipts to show I've paid the remainder of the balance before handover.

???

Belles1979

I therefore, in answer to the last part of your questions which I missed out, I believe there is a signed & sealed contract between myself & Honda. This contract states they will provide me with the ordered car on receipt of £xx and the transfer of my car to them in lieu of part payment. I have fulfilled my obligation, but they won't release the car to me.

bris

The contract will be void as you misdescribed your trade in, they accepted the contract on the basis your car was fit for resale, the major fault has put a spanner in the works.

Contracts are only binding on both parties if the terms are met, they believe you broke the terms by trying to pass them a dud car.

MamaMoo_2

What is this "major fault"? Can you get a second opinion as to whether it exists?
Did the dealer inspect the car prior to signing & stamping etc.? Had they already had it appraised, valued etc, or were they going on information you gave them?

ValHaller

bris wrote: »

The contract will be void as you misdescribed your trade in, they accepted the contract on the basis your car was fit for resale, the major fault has put a spanner in the works.

Contracts are only binding on both parties if the terms are met, they believe you broke the terms by trying to pass them a dud car.

I can accept that this is probably the dealer's position, although whether the alleged major fault is fact is another question. Things would be much clearer if we knew what the garage proposed as a solution.

To me it looks like a rather crude attempt at a gazump - they should surely have done the inspection before beginning the paperwork?

It is not clear what the garage are asking to resolve the situation and I do wonder, given that the old v5 has been signed as purchased by the garage, whether they could be deemed to have accepted the vehicle. Certainly, it leaves OP with an invalid v5

Belles1979

bris wrote: »

The contract will be void as you misdescribed your trade in, they accepted the contract on the basis your car was fit for resale, the major fault has put a spanner in the works.

Contracts are only binding on both parties if the terms are met, they believe you broke the terms by trying to pass them a dud car.

I strongly/vehemently deny trying to sell them a 'dud' vehicle. I drove the car on & off their forecourt on Monday, & onto the same yesterday without any problem. Their own CCTV would show the car running without problem.

I question how you can say I misdescribed the vehicle, as to my knowledge, having driven it to them without any issue & it was perfectly fine. In fact, I drive along 3 A-Roads, at speed. I certainly don't like standing around on roadsides waiting in the freezing cold for the RAC to appear, and wouldn't have driven the car if there was any hint of a problem.

All of the above stated paperwork was completed AFTER the appraisal.

arcon5

So the salesman looked over the vehicle then returned and signed the documents? In which case they had the opportunity to inspect it before completing the contract?

If so and you have all your documents, just send the V5 certificate to the DVLA and send them a strongly worded letter stating you are the owner of the vehicle and if they fail to release it to you then you will obtain a court order or report the vehicle as stolen. Whether they have sent their V5 certificate to DVLA or not is not necessarily relevant as the registered keeper and owner are not always the same.

I'd try involve the police also, whether they would get involved or not is a bit of pot luck, but this may well be covered by the Theft Act