Consumer Legal Right for Misprice?

Honest John Back Room » Motoring discussion
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Mon 18 Oct 2004 19:15
Consumer Legal Right for Misprice? - typing00
Hi guys

Was looking for a new car on the internet when I came across a 04 plate Daihatsu Charade 1.0 SL with 7400 miles on it available to my local dealer for £4995. Went there, placed the deposit, the salesperson was as surprised as me with regards to the price, said that he will phone head office on Monday morning.

Of course, this really honest salesperson told me today that the head office said that the vehicle has been sold, but he suspected that they probably made a mistake with the price. True enough, went on the internet today and the same vehicle is being advertised for £5995.

What rights do I have with regards to claiming back my deposit (should not be a problem I hope) or pursuing the lower price?Many thanks.
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Mon 18 Oct 2004 19:18
Consumer Legal Right for Misprice? - frostbite
You should get your deposit returned without any problem. As to the rest, I doubt it.
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Mon 18 Oct 2004 19:37
Consumer Legal Right for Misprice? - BrianM
I might be wrong here, but I would assume that you and the garage will have signed a contract, which presumably is legally enforceable by both parties. If you wanted to cancel, the garage would probably keep your deposit and would be able to do so by enforcing their contractual rights.

Any advertised price is only a invitation to treat, so could not be enforced, but it sounds as if the garage has gone beyond that stage and agreed a contract to supply the vehicle at the agreed price. Its probably worth looking at the terms of the contract, which will almost certainly cover both parties rights to cancel the agreement.
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Mon 18 Oct 2004 19:45
Consumer Legal Right for Misprice? - typing00
Yes I have signed a contract. I'll look through the terms and conditions. Thanks.
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Mon 18 Oct 2004 20:49
Consumer Legal Right for Misprice? - tyre tread
Brian is quite right that a contract has been formed by the accptance of the deposit. However, even if you don't have a written contract, the receipt for your deposit would be sufficient for you to prove that a verbal contract had been entered into.

Obviously the written contract is even better but it depends on how far you want to take this in court. It could be quite costly and time consuming.

In your position I would go back to the salesman and explain that you've taken advice and they have a legal obligation to sell you the car and that you are considering legal action and publicising their renaeging on the deal in the local press/radio etc and ask them is the negative publicity worth the difference in the price?

Worth a shot even if you only agree to meet halfway!
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Tue 19 Oct 2004 02:29
Consumer Legal Right for Misprice? - MichaelR
Suprised the price is wrong - these things don't cost that much more new so £4995 sounds about right for a 6 month old one.

Why not see this as a blessing in disguise and go and buy a different car - the Charade is far from a decent car, and something like a Ford Ka, Seat Arosa etc would be infinately better.
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