About to collect new car- dealer ordered wrong thing. Making me pay more

Twiggy23

Hi, I ordered a new car back in nov/dec all paperwork was correct for what I ordered. Have had recent communication with the dealer over the last few weeks and been told all ok.
spoke to them yesterday and again today to confirm collection next week and explained I have now sold my car based on them confirming my car is here and ready to collect next week. This evening I got an email to say they actually ordered THE WRONG spec and if I want it I have to pay more deposit and a much higher monthly payment- despite this being their fault!!
or I can reorder and wait 6 months for another vehicle…. However I’ve sold mine so this isn’t an option. 

Where do I stand? Surely I have a legally binding contract with them and the fact they have made this error and only noticed now is not my issue, should they not be honouring the agreed price even if this means them knocking money off?! 

DullGreyGuy

What did you want? What have they got? 

The order form is normally printed from the order system so not abundantly clear how the order form can be correct but the order isnt. 

Aylesbury_Duck

Twiggy23 said:

Hi, I ordered a new car back in nov/dec all paperwork was correct for what I ordered. Have had recent communication with the dealer over the last few weeks and been told all ok.
spoke to them yesterday and again today to confirm collection next week and explained I have now sold my car based on them confirming my car is here and ready to collect next week. This evening I got an email to say they actually ordered THE WRONG spec and if I want it I have to pay more deposit and a much higher monthly payment- despite this being their fault!!
or I can reorder and wait 6 months for another vehicle…. However I’ve sold mine so this isn’t an option. 

Where do I stand? Surely I have a legally binding contract with them and the fact they have made this error and only noticed now is not my issue, should they not be honouring the agreed price even if this means them knocking money off?! 

What does the contract say?  In many circumstances an error may be corrected.  You say the price would be "much higher".  How much higher?  Was the price offered very obviously a bargain or unusually low?

tacpot12

If you have home insurance, check to see if you have legal expenses cover. If you do, you can call the Legal Helpline provided by your insurer for professional legal advice. 

Realistically, I think you have two options: 

1. negotiate with them to get the car they have ordered for a better price.
2. confirm you don't want it, and buy another vehicle. (You can buy an old car for £2,000, run it for 6 months and sell it for the same money.) 

I don't think you can sue them for very much as you haven't lost anything on your old car, and haven't lost anything (yet) if you buy an old car to tide you over. 

I don't think you will win in court if you try to force them to sell you the car as per the order. I think a judge would be inclined to expect you to take any fair offer from them. It also takes time to go to court, and the car may be sold to someone else in the meantime. 

It's very unfortuante, and it is a pity that there is no obvious way to 'punish' the dealer for making this mistake. If there are no consequences to making mistakes, people become careless. 

TELLIT01

All the OP can potentially make them do is refund the deposit, as they have failed to complete their side of the contract.  He cannot force them to provide the higher spec vehicle at the same cost as the one he ordered.  Likewise, the dealership cannot force the OP to accept the higher spec vehicle and take on greater debt.

Hoenir

Twiggy23 said:

 if I want it I have to pay more deposit and a much higher monthly payment- despite this being their fault!!
or I can reorder and wait 6 months for another vehicle…. However I’ve sold mine so this isn’t an option. 

Where do I stand? Surely I have a legally binding contract with them 

Contracts work two ways. If you don't want the vehicle that's available on the revised terms. Then you'll have to think of an alternative option. Has the dealer offered any assistance in finding a solution? 

outtatune

Is the spec they've actually ordered a popular option? If not, the OP has the strong hand; the dealership runs the risk of both losing the OP's sale and having a car nobody wants to buy taking up showroom space. 

Grumpy_chap

Twiggy23 said:

Hi, I ordered a new car back in nov/dec all paperwork was correct for what I ordered. Have had recent communication with the dealer over the last few weeks and been told all ok.
spoke to them yesterday and again today to confirm collection next week and explained I have now sold my car based on them confirming my car is here and ready to collect next week. This evening I got an email to say they actually ordered THE WRONG spec and if I want it I have to pay more deposit and a much higher monthly payment- despite this being their fault!!
or I can reorder and wait 6 months for another vehicle…. However I’ve sold mine so this isn’t an option. 

Where do I stand? Surely I have a legally binding contract with them and the fact they have made this error and only noticed now is not my issue, should they not be honouring the agreed price even if this means them knocking money off?! 

In what way is the car with the incorrect specification different from the specification chosen?
How much is the extra deposit and increase monthly payment?  It would have to be a significant change in the car specification to result in these being "much higher" as the OP states.

What is the car (list) price and type of car?
In making their decision, does the OP need to have consideration for VED changes from next month?

Could the option of re-ordering and waiting for the correct vehicle in 6 months be viable?
I note that the OP has sold their previous car so is currently without access to transport, however the Dealer may be amenable to providing some kind of car on an interim loan basis.  This is unlikely to be without cost, but could be attractive to the Dealer & the OP if the OP were agreeable to a stock vehicle that allows the Dealer to meet a target, or a used vehicle and the OP paying a fair monthly cost.  The OP cannot expect to have the use of a vehicle for 6 months at no cost.

daveyjp

The dealer could add it to dealer stock, OP uses it for 6 months (10,000 miles max) and when the new car arrives hand it back.  

Ergates

Given the party you are dealing with here is a car dealership, it seems likely they could help you get a temporary car whilst you wait the 6 months for the correct car to be delivered.

For instance - arrange to sell you a 2nd hand car (similar to the on you just sold) for a good price (e.g. the price they paid for it) with an agreement that they'll buy it back off you when your new car is delivered.

Or you could rent a car from them at a cheap rate.

This *will* cost you an additional amount - but remember that you'll get some back by delaying the start of the depreciation of your new car by 6 months, so in the long run it'll even out.

Olinda99

As far as I can see you have suffered a direct financial loss because of the fact the contract has been delayed by 6 months

this is particularly so as the garage confirmed to you that the car would be ready causing you to take an action (ie sell.your car).

The garage need to put you back in the position you would be had they not made this mistake.

They could reorder your proper spec car and give you a hire or courtesy car for six months or you could negotiate the higher spec for reduced price it is up to you

Keep a record of your financial losses and approach the garage with an open mind and see if you can come to a mutually agreeable solution

if not you might have to go to court to get your losses repaid