Dealer refusing to honour agreed price

vaio

I'd say it is a contract which can be enforced.

Looking at the T&C 6(e)i gives them a get out if the manufacturer increases prices between order & delivery but whether

a. that would get past the unfair contract terms legislation and
b. whether it would preclude a claim for damages

I'm not sure, my gut feel is not

arcon5

worried_jim wrote: »

Any shortfall may have to be covered directly by the salesperson not the business. I once worked for a company where this was the case and once or twice a year everyone got caught out with the prices of options and all we could do is ring the customer and explain but if they refused to pay we had to our selves, it soon taught you to be accurate but mistakes still happen.

Imo that's irrelevant to op legally and morally

nobbysn*ts

arcon5 wrote: »

Imo that's irrelevant to op legally and morally

But quite heart warming to know that they get their comeuppance sometimes. Karma is a b*tch!

jaydeeuk1

If it was the other way round and you pulled out because you had less money in your account than you thought you would lose your deposit most likely.

Name the dealer on here so it appesrs high on rankings (until they ask google to remove )and Facebook, twitter etc. Write to head office.

Edit just seen its Toyota... Shocked, its the sort of thing you'd expect from Mazda or Renault.

bazzyb

vansboy wrote: »

How much is the sale and how much is the value of the 'error'.

If you can perhaps meet half way, then you still might have a reasonable outcome.

VB

Could be a big error, looking at the scanned order form, he has ordered a new F Type V6 340 for £38,740. The list price for this would be £58,535 excluding the extras which are listed.


Edit: there is also a part ex to take into account, for an unknown value.

Pablosammy

bazzyb wrote: »

Could be a big error, looking at the scanned order form, he has ordered a new F Type V6 340 for £38,740. The list price for this would be £58,535 excluding the extras which are listed.


Edit: there is also a part ex to take into account, for an unknown value.

Thanks for the responses guys.

To fill in the gaps and avoid misinformation, it's a £61k list F Type. I get family discount of 20% immediately, including options. The order form was for £41k before deposit etc., so around 32% discount and that was what we signed for. That's around £7k they've now asked me to stump up on top, so yeah, fairly significant.

The dealership is HA Fox Jaguar in Preston, part of the Inchcape group.

The latest negations have ended with a £46k figure, plus £1k on the px. I'm going to try and get a bit closer, buy am I being a mug? Should I be insisting on the original agreed order form price, or is that a bit mercenary for what might be a genuine mistake?

Pablosammy

Right, here's my current understanding, please feel free to pick it apart:

- A legally binding contract was entered, as all three aspects of offer, acceptance and consideration were present. This was recorded in writing, and signed by both parties.
- The dealer has now refused to honour the contract due to an alleged discount calculation error, and as such I may be eligible to seek damages in the form of Loss of Bargain.
- This will hinge on whether a unilateral mistake has nullified the contract. For this, I would need to have known or ought to have known at the point of sale that a mistake had been made. As I had been offered a new BMW Z4 with a 30% discount earlier that day, I thought the 33% discount on the F Type was reasonable, especially given the employee family discount support.

Any advice, as ever, gratefully received.

Sam

bigjl

If i was Jaguar i would have no interest in what discount you could get on a Z4

It is an inferior product that they are struggling to sell.

DrivetheDeal only offers just over £5k discount on an F Type (entry level 3.0v6 soft top).

Don't know about the Z4 as BMW are no longer listed on DtD for some reason.

What it comes down to is do you think you got a good deal on one of the best Jaguars to be released in years?

Do you really want one?

Why would you want a Z4 instead as the design is much older and uglier.

Do you really want to start your relationship with a dealer with a legal case?

£46k is still an extremely cheap F Type whichever way you look at it.

It is likely you could sell it for me next year.

But only you can make that decision.

The dealer has negotiated and improved the trade in offer.

Many dealers would not.

Herzlos

Can you get them to throw in stuff to bring the value up to the £46k, like a few years of servicing, some additional warranty, more extras, valetting?

You know, stuff that doesn't cost them as much as it'd cost you

VicCain

- A legally binding contract was entered, as all three aspects of offer, acceptance and consideration were present. This was recorded in writing, and signed by both parties.

I think you've got it in one. breach of contract? You have both signed and agreed to that price so I certainly wouldn't let the matter lie or meet the dealer half way. Pursue it further .. 7k is a lot of money.