My OH saw a car advertised on the web via a prestigious dealership.The price seemed good,so he rang expressing interest re part ex with his own car.Later that day 4pm the Salesman rang back saying that he had made a mistake and underpriced the car,but that he would honour the deal and allow him to buy the car at that price.Also sent him an email stating the original advertised price.(we were a bit sus,but took it at face value).My OH rang them back the next day to proceed to be told,"oh no the deal was yesterday only".Now,he didnt mention this on the phone,neither did he state it in the email.Now i know no contract has been made here,but my OH still wants the car (now advertised at £3000 more).We have a copy of the original ad.
Any ideas anyone?
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AFAIK the dealer is not under any obligation to sell to you at a particular price. He made an invitation for you to offer, but has rejected your offer, is I believe how it works. Saying that, it has been about 8 or 9 years since I took the relevant commercial law course, so I could be completely wrong. Aprilla or another expert will be along shortly to inform properly.
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Straight forward contract law.
Offer - Consideration - Acceptance.
The offer was made at 4pm, consideration is the sending of the email and your acceptance is phoning back. The time limit is not a term of the contract, it should have been clearly stated within the email as this surely would be an express term of the contract.
If it were to be questioned, then mention the above and then either inform Trading Standards or walk away.
This would fall within the small claims track at court and you would not be able to recover any costs ( normally but arguements can be submitted at court to show otherwise) In my opinion there are the elements of a binding contract.
Sorry, I am a lawyer and have to warn you that my advice is not binding and advice given in a personal capacity.
Good Luck
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Christopher, you may have jumped to the wrong conclusion.....
Quoted from the OP "Also sent him an email stating the original advertised price."
It is not absolutely clear from this who sent who an email. If the Email was sent by the garage I agree, your conclusion stands, but this needs clarification from OP (I think).
--
pmh (was peter)
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The email was sent by the garage and they are now saying they told him on the phone!!
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Trading standards are taking it up.They are talking in terms of perhaps misleading prices,which is a criminal offence apparently.
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I dont think trading standards will do anything with this its a genuine mistake by the seller they might get a phone call or even a clipboard visit and leather brief case sometime this week but highly unlikely it would go to court for a one off error like this.
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They have lied to us.That counts for something
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My first thought on hearing of cases like these is: if the dealer is not straight about the price before I've even bought, how will he behave when the car develops a fault?
Its a second-hand car, which almost invariably means it'll have some niggle that needs sorting. If your seller isn't strictly honest, I'd walk away and give my hard-earned to someone who is.
PS: Don't forget to tell anyone who asks where you bought the car you settle on, or how you would have bought Brand X except for the unfair pricing from Garage Y!
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Erm... "consideration is the sending of the email "
On what basis do you suggest that is the case? Not when I did my degree it wasn't!
Neil
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It's offer-acceptance-consideration.
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Yes, but unless someone agreed to send an email in consideration of being paid something or someone else doing something (perhaps an unlikely scenario!) the sending of an email isn't consideration - consideration being in effect the 'quid pro quo' - what is offered as the other half of the bargain to make it a contract, rather than merely an unenforceable discussion.
Eg - I'll sell you my watch for a fiver (it doesn't work, before you all rush...!) is an offer, you agreeing would be acceptance, the consideration is the fiver. 'I'll sell you my watch for a fiver'- once you have accepted - can be enforced as a contract because there is a consideration. i
If on the other hand, I simply said 'i'll give you my watch' (now you WOULD have liked that one - its lovely!) isn't enforceable, because there is no consideration. But had I said 'I'll give you my watch if you'll cut my grass'... there would have been consideration - the cutting of the grass. That's how I understand it, anyway.
Perhaps DVD might care to comment?
Neil
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The thing is they were a dealer of a prestige car and i thought their customer service would be fab.OH has now changed his mind about getting this type of car-it has really put him off.Hate being lied too.Thing is, i think the customer assistance people believed us,now wewouldnt touch this car with a 10 foot barge pole,or the dealerships.Really didnt expect to be treated like this.
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The thing is they were a dealer of a prestige car and i thought their customer service would be fab.>>
>>>Really didnt expect to betreated like this.
Rude awakening that. Seems to happen a lot. I think that the theory is that they will sell the cars anyway, whether to you or someone else.
Anyway. I bought a C3 last yeat for £8495. Subsequently i found it advertised on the garage's website for £7,495. Printed off the ad and hotfooted it to dealers, who "honoured" the web price (reduced the PX though...).
I'm no lawyer, but you have seen car advertised at X, had it confirmed by dealer by phone and email that price is X, then the deal should be car at X.
Persevere. Then, if you succeed, and I hope that you do, get the car serviced at another dealer!
Good luck
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>>Sorry, I am a lawyer
An apology would seem appropriate.
Consideration comes after acceptance and must be of value. I'd struggle to put an e-mail in that light. In addition the sending of an e-mail has no significance or standing per se, that would depend on the wording within an e-mail and the context in which it was sent/received. Also some consideration of whether it was a prviate e-mail or a company e-mail and whether or not he was able to make that offer.
Frankly seems like the guy made a mistake, seems like you could have bought it for that price but missed the boat, seems like you should put it down to experience rather than seeing a dealer conspiracy aimed at disrupting your life.
Especially since you don't want the car now anyway.
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excellant post No FM2R it is exactly what i wanted to put but proof read all my replies yesterday and non of them looked just right so i deleted them before they were set in stone........
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Thank you for you reply.I appreciate he had made a mistake.He only had to say he wasnt prepared to sell at that price.
What i dont appreciate is him then lying and telling his Boss he told my partner that it was for that day only (as he wanted the car,he obviously would have got back to him straight away.)
His lie puts into a different category.
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And we only dont want the car because of the lie.
Think your final comment is pointless.
I came on here to ask what could be done.
I passed it to trading standards.
The issue was the deceit.
And being mislead as a result of that.
Which point here have you not grasped.
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>And we only dont want the car because of the lie.
I don't believe you.
The car is £3,000 chepaer than its market price. You started off wanting the car. You now have decided you do not want this excellent bargain because of the "lie" [sic].
I absolutely do not believe you.
>>Think your final comment is pointless
>Which point here have you not grasped.
You have control over what you write. You chose to write in a public and open forum and I chose to reply. What you think I should or should not have said and what you think is or is not pointless is of no importance or relevance whatsoever.
Get over yourself. Put away your victimised, martyr complex and move on.
And I'm better at sarcasm and facetiousness than you are, so I'd suggest giving that a miss as well.
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I'd suggest giving that a miss as well.
I suggest everyone gives it a miss.
DD.
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Enough, already!
There are enough rude, selfish and ill-minded people on our roads, pavements, trains etc to deal with every day, without this forum degenerating into insults and jeers. It's normally an oasis of peace and joviality, an escape from everyday life. Don't let's see it degenerate into flame wars (the mods are particulary good at preventing this, normally). Can we get this thread closed, please? I can't imagine it will go anywhere sensible now.
Feel better now. Think I'll have a lie down.
Alex.
--
Dr Alex Mears
MG BGT 1971
If you are in a hole stop digging...unless
you are a miner.
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Get over yourself mate-this thread has hardly become a flame war, and if you don't like what you're reading, try using the back button on your browser. Alex you little Hitler *waa waa can we get this thread closed? I can't imagine it will go any where sensible now whinge whine* butt out, you ain't a mod!
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