BMW X1 - Advice please: Dealer going back on Part Ex Value - HorsePower1

Over a month ago we struck up a deal for a new X1. We agreed to part ex my car and agreed a value without actually having the part ex vehicle present, but comprehensively described it including a dent etc and the dealer marked accordingly on their sheet.

Last Thursday we bought the part ex in to show the dealer who seemed happy and confirmed the new car should be at the dealership on 20th Dec 2010.

Today, almost a week later the dealer has phoned and said he's going to offer £1500 less part ex value because the dent is worse than he thought (we had been extremely honest about the damage) and the new car won't be with us until 2011 so we'll have to pay 2.5% extra VAT.

We've paid £2,000 deposit and extracted our savings early to pay for the new car next week (so we've lost interest on our savings). We're happy to get our deposit back and walk away from the deal as we could probably buy cheaper online anyway!

Not happy. What's your advice? Thank you for your help!

BMW X1 - Advice please: Dealer going back on Part Ex Value - Lygonos

Walk away, get deposit back.

And I wouldn't worry about the savings interest you lost - lucky if you can find more than 2-3% at present. Glad I got index-linked bonds before NS pulled the plug :-)

BMW X1 - Advice please: Dealer going back on Part Ex Value - HorsePower1

Thank you. Not really worried about savings loss of interest; as you say it's minimal. It's just the let-down factor as it was a Christmas Present.

And not looking fwd to trying to get the deposit back :(

BMW X1 - Advice please: Dealer going back on Part Ex Value - Lygonos

I think the strength of the contract where one party can unilaterally change the price after it has been made likely makes it unenforceable.

I can't see the dealers managing to withold the deposit. I doubt they'd even try.

It might help them adjust up the PX value, or imporve of the delivery date possibly.

BMW X1 - Advice please: Dealer going back on Part Ex Value - rogue-trooper

£1500 for a dent. How bad was this dent, and what part of the car was it to? Seems that that would have to be a mighty big dent to cost that much!

BMW X1 - Advice please: Dealer going back on Part Ex Value - madf

Get your deposit back and (after you have it back) tell everyone you know what a bunch of theives they are..

BMW X1 - Advice please: Dealer going back on Part Ex Value - oldtoffee

They can't retain your deposit ie enforce the terms of the contract if the same contract shows the px offer value you agreed at the time. I'd be positively firm but not pushy or rude, and say that price is unacceptable and ask for your deposit back and a date you expect to have it by. If the sales guy says he can't do that, don't argue with him, tell him "then introduce me to the person who can please." Dealer principal is best bet. Don't deal with them again; it's someone being opportunistic and reckoning your gullible enough to let your heart rule your head. Even if they retracted and offered me the original px price I'd be tempted to tell them where to insert it.