Smart City Coupe - Price increased used car after deposit? Legal? - Smartfortwo 04
Hi x I recently purchased used smart car was advertised as£1,995 with photo details on website saying awaiting photos..I contacted dealer and asked photos was told car hadn’t arrived..after numerous e mails expressing my interest I paid £200 deposit to secure/hold car and asked pictures as soon as it arrived...when it did I had call saying it had gone in for its pdi post delivery inspection...and that it needed new clutch new brakes/pads and engine mount ...and as this was expensive and unexpected I would need to pay another £200 towards work and that was a still good deal for work had to be done before sale I said you advertised it at £1,995 now because of this it’s more’v that’s your problem they said the car had not yet arrived and that was the estimated price if car was good to go when they received it...but it’s not and needs this work I was still getting good deal is this legal???
Smart City Coupe - Price increased used car after deposit? Legal? - nellyjak

Legal.?..depends what statements and agreements are/were in place/agreed (if any) when you paid the deposit.

Notwithstanding that I'd say that £200 is a very small price to pay for the work being done.

Smart City Coupe - Price increased used car after deposit? Legal? - Smartfortwo 04
I get that yeah it’s good price for the work I just wanted know if legally they could put add on at one price wich I paid deposit on..then when car arrives and needs work doing change it? Sureythats dealers responsibility?
Smart City Coupe - Price increased used car after deposit? Legal? - mcb100

If I understand your post, you haven't bought the car - you've reserved if with a payment of £200?

And now the price of the car has gone up because it needed a few jobs doing to it?

As far as I'm aware, the seller has the right to sell it at whatever price they see fit, and you have a right to obtain a refund of your £200. Dealers change their prices depending on the market, and unless you have a contract to buy the car at £1995, I can't see how they've done anything wrong. It may not be the most customer friendly way of dealing with you, but I'm not sure they've done anything illegal.

Edited by mcb100 on 14/05/2021 at 15:28

Smart City Coupe - Price increased used car after deposit? Legal? - catsdad

If a price was agreed and a deposit paid this is legally a contract. The price cannot be varied after that point. As in so many cases the law only helps you so far. You would have to go to court to enforce the contract if the dealer played hardball. It’s better to take a common sense approach. If the car is worth the price now asked then conclude the deal. If not get the deposit back and go elsewhere.

What may confuse people is that an advertised price is just an invitation to make an offer. It’s only fixed after the offer Is accepted and a consideration paid. In this case the consideration is the deposit.

Smart City Coupe - Price increased used car after deposit? Legal? - badbusdriver

Wow, I was tempted to try and read all that on one breath?. Some comma's and full stops would be helpful!.

Is it legal?, not sure, I wouldn't have thought so. But that depends on the exact wording of the advert and whether or not there was any 'small print'. But an extra £200 for a new clutch, brakes and engine mount seems extremely cheap. Those Smart Roadster/Coupe's are pretty sought after these days, so I guess it depends on how much you want it because I doubt they will have much problems finding someone else to buy it.

Smart City Coupe - Price increased used car after deposit? Legal? - Smartfortwo 04

Sorry regards no full stops. to clarify...I paid deposit on price advertised, then car arrives needs work price goes up..but..they did call me to explain this,I did agree was ok considering work being done.And have now paid the “new” price, inc a price extra for delivery..and am awaiting my first smart car!!..thanks for all your replies. Been pretty helpfull tbhI did lots research before and agree this is still good/reasonable price .Btw car only has 44,000 miles also exited to get it and have new/first experience of negotiating the smart gears/gearbox ect

Edited by Xileno on 14/05/2021 at 17:13

Smart City Coupe - Price increased used car after deposit? Legal? - Smartfortwo 04

Sorry for all question marks don’t know what I’m pressing to get all those????

No idea but I've removed them - moderator

Edited by Xileno on 14/05/2021 at 17:13

Smart City Coupe - Price increased used car after deposit? Legal? - bathtub tom

car arrives needs work price goes up..but..they did call me to explain this,I did agree was ok considering work being done.And have now paid the “new” price, inc a price extra for delivery

So why on earth did you did you bother posting this question in the first place?

Smart City Coupe - Price increased used car after deposit? Legal? - mcb100

Was it a deposit or a reservation fee?

A deposit is legally binding and is subtracted from the price of the car - after paying a £200 deposit, you'd have a balance of £1795 to pay.

A reservation fee is different in that it is refunded when the car is purchased - you would still pay £1995, and you'd get your £200 back.

Edited by mcb100 on 14/05/2021 at 15:51

Smart City Coupe - Price increased used car after deposit? Legal? - Smartfortwo 04
Dealer said deposit was to secure car(hold it) and then said deposit would come off price because whilst discussing over phone he was adding/subtracting amounts taking into account the deposit already paid I have e mails/messages kept regards our conversations and took screenshots of price car was advertised at...he said that’s price before car comes in....I said was misleading doesn’t say subject to car arriving and needing work? It just says awaiting photos
Smart City Coupe - Price increased used car after deposit? Legal? - Smartfortwo 04
I have paid £200 deposit... then further £2,070 (70 for delivery) so £1,995 + extra £200 for work and 70 delivery
Smart City Coupe - Price increased used car after deposit? Legal? - SLO76
In the same situation I would’ve said that I had the car coming into stock but I’d have the price as POA until I had it there and properly assessed it. You cannot value a vehicle properly until you have it in your possession. I wouldn’t have taken a deposit until it had been all set in stone and nor should he. That said, I also wouldn’t have paid a deposit on a car you haven’t seen either nor would I distance buy an old car like this, it could be an absolute pig.

He should return your deposit without quibble since the deal has changed but there’s no realistic way to force him to sell at the original price. Either pay the extra knowing it’s now supposedly sorted or ask for your money back.
Smart City Coupe - Price increased used car after deposit? Legal? - Smartfortwo 04
Thanks for advice although rather blunt but to the point I guess
Smart City Coupe - Price increased used car after deposit? Legal? - SLO76
Thanks for advice although rather blunt but to the point I guess

Apologies if I sound so but I’d strongly advise viewing and test driving any prospective car purchase, especially one of this age. I get the appeal of the Smart Coupe or roadster but to me that dim witted automated manual gearbox ruins what could’ve been a brilliant little toy. That said, a good low mileage example will still almost certainly become a classic.
Smart City Coupe - Price increased used car after deposit? Legal? - Smartfortwo 04
Thanks I do agree...first time I have done it all like this....fingers crossed it’s all ok and looking forward to my little “classic”????
Smart City Coupe - Price increased used car after deposit? Legal? - SLO76
Thanks I do agree...first time I have done it all like this....fingers crossed it’s all ok and looking forward to my little “classic”????

Yup, one I predict will only go up in value if kept nice and the mileage low.
Smart City Coupe - Price increased used car after deposit? Legal? - Andrew-T

I don't know if cars are different, but historically a trader offering an article for sale at a marked price is making an 'offer to treat'. I don't think he is obliged to sell at that price as he can always withdraw it from sale - which is effectively what has happened here.

The OP may think he has been gazumped, but it sounds as if he will receive betterment if he pays the extra £200.