Depo man

I placed a deposit for £1,000 in December 2009 for purchase of a new Toyota Prius from a UK main Toyota dealer. The anticipated delivery date was 1st March 2010. Naturally I was somewhat apprehensive when I heard the recent widely publicised news stories about the braking problems, potential devaluation (e.g. new models about to drop in price by £2,000, as reported in the Daily Telegraph and reduced resale values for used cars). When negotiating the deal in December before the story broke I did not receive any discount from the new list price beyond the £2,000 scappage allowance that my 10-year-old Ford Puma qualified for. Toyota tells me that the brakes on the Prius will receive the 'software upgrade' before the new car is released to me. On the deposit receipt "10% cancellation charge" is stamped in red. I had actually taken this to mean 10% of the deposit paid would be payable on cancellation but apparently it means 10% of the list price of the car meaning I would need to pay an additional £1,300 if I did wish to cancel the order. What is the legal position?

Asked on 1 May 2010 by J.S., Manchester

Answered by Honest John
You are legally obliged to take the car, or abide by the cancellation
clause of the contract. Johnson v HWM. A lot of fuss have been made over the Toyota recalls. To put it into perspective, of the 900 reader e-mails I receive every week, now totalling something like 550,000, I have only ever had three complaints about accelerator pedals and none at all about the ABS of the Prius. In contrast I've had more the 50 complaints in the last 6 months about failed TEVES Mk 60 ABS/ESP modules, mainly on VAG cars.
Dear Honest John,

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