Used car pricing error

Powelly04

Evening all,

I have been researching this for the past 24 hours but unable to confirm my position.

I recently purchased a used car after realising the price was a mistake. I have now taken possession of the car including registration document (v5) and paying the balance advertised.

Looking into their t&c’s a contract is made when I take possession of car.

I have now received an email requesting a further payment before they retake possession of the car due to their mistake.

LilElvis

How much have you paid and how much more does the dealer want?

foxtrotoscar_2

They can't retake possession without your consent. The deal is done and dusted if what you say is true.

lincroft1710

Powelly04 wrote: »

I recently purchased a used car after realising the price was a mistake.

I have now received an email requesting a further payment before they retake possession of the car due to their mistake.

You knew the price was wrong when you bought the car. If this was a genuine mistake by the seller and not a deliberate attempt to persuade someone to buy a car at a false low price and then sting them with the true price later, my opinion is that you should pay up.

Unless the price was ridiculous e.g. £1,000 for a £10,000 car, I don't think they can take the car back

foxtrotoscar_2

The OP has possession...that makes a difference. If the seller still had the car it would be somewhat different.

Powelly04

The price I paid was 2,999.

The price they are now expecting me to pay in total is 29,999.

I knew it was a mistake which is why I jumped on it but as I have paid and taken possession the contract of sale is complete.

POPPYOSCAR

Not long now.

shaun_from_Africa

They can't simply repossess the car but what they can do is to take legal action in an attempt to get the contract voided.

As the OP has admitted that they knew that there was an error and considering the price difference of £27,000, I would say that it's fairly certain that any reasonable judge would agree that it was a unilateral mistake and side with the seller.

Unilateral mistake (where one party is mistaken and the other knows or ought to have known of the mistake). If the mistake relates to the fundamental nature of the offer the contract can be voided.

Other possible remedies in equity include rectification, ordering specific performance of the contract or rescission.

BoGoF

Sorry to disappoint but clear and obvious pricing errors as here may mean you will need to stump up the difference.

How did you buy the car....in showroom, online?

Powelly04

The car was found online. I paid via card at the showroom when the car was collected.

D_M_E

There was a case in the last few years similar to this which went to court.

Car was on forecourt with a price displayed, someone showed up and paid whoever was manning the shop the displayed price, was given a receipt and the keys and drove away.

Turned out one of the numbers had fallen off the windscreen and price should have been 10 times what was paid.

Buyer ignored dealer's demands for further payments so dealer took it to court.

Judge held that buyer had bought in good faith at the displayed price and threw out dealer's claim.

Don't have the time to look for references to it now but if you find it it could help your case.