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Dealer refusing to honour agreed price

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  • Bantex_2
    Bantex_2 Posts: 3,317 Forumite
    VicCain wrote: »
    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.

    But if it went to court, what is the actual loss that OP could sue for?
  • Pablosammy
    Pablosammy Posts: 566 Forumite
    Bantex wrote: »
    But if it went to court, what is the actual loss that OP could sue for?

    Loss of Bargain. It's a legitimate measure of damages.
  • Pablosammy
    Pablosammy Posts: 566 Forumite
    bigjl wrote: »
    If i was Jaguar i would have no interest in what discount you could get on a Z4

    I do want one, the only reason I reference the Z4 deal was it made the Jaguar deal seem realistic. I didn't think he'd made a mistake at the time, hence my disappointment yesterday!
    Herzlos wrote: »
    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

    I've thought of that, so yes, it's an option! I'm waiting on a reply from the guy this morning.
  • harveybobbles
    harveybobbles Posts: 8,973 Forumite
    An order form isnt a contract. Even if the Queen signed it.
  • Pablosammy
    Pablosammy Posts: 566 Forumite
    An order form isnt a contract. Even if the Queen signed it.

    Sorry, but I disagree. The Vehicle Order is THE binding contract when purchasing a car. It comprises of, and explicitly puts down in writing...

    An offer
    An acceptance
    Consideration

    Surely this is the very definition of a legally binding contract? I know if I pulled out of the deal they'd keep my deposit.
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    An order form isnt a contract. Even if the Queen signed it.
    Wrong. A New Vehicle order form is a contract.
  • Hintza
    Hintza Posts: 19,420 Forumite
    10,000 Posts Combo Breaker
    Pablosammy wrote: »
    Sorry, but I disagree.

    The only way to find out is to buy elsewhere and then take the dealer to court for the difference (loss of bargain).
  • Tilt
    Tilt Posts: 3,599 Forumite
    An order form isnt a contract. Even if the Queen signed it.

    If money changes hands and is accepted by the vendor, it becomes a contract.

    It happened to me once. I placed an order/paid a deposit for a brand new car while working at the dealership. As an employee and along with a manufacturer's voucher, I got a significant discount off the retail price.

    Between order and delivery, I was (unfairly) dismissed and the dealership consequently attempted to cancel the order due to the discount. In fact they allocated "my" car to someone else, even to the point of issuing a different VRM to the one I had been given!

    But after a few words with my solicitor and a letter to them, they extremely reluctantly completed the sale on the grounds that they DELIVERED the car to my home rather than them allowing me to collect it. At one point, I was even threatened with violence!

    Within about 6 months of this happening, they mysteriously lost the franchise...

    My advice to the OP is to pursue the sale via your solicitor if necessary.
    PLEASE NOTE
    My advice should be used as guidance only. You should always obtain face to face professional advice before taking any action.
  • Why would you want to purchase a new car from a dealer you were unhappy with and you consider dishonest ?
    You scullion! You rampallian! You fustilarian! I’ll tickle your catastrophe (Henry IV part 2)
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Why would you want to purchase a new car from a dealer you were unhappy with and you consider dishonest ?
    Why wouldn't he want a new car from a dealer for the price agreed!
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