Price changed whilst waiting for vehicle build
Discussion
Calling all contract lawyers
Having placed a £2k deposit on a LandRover Defender back in November 2021, to be delivered in August 2022, LR recently revised their base prices and options. My original spec and pricing has disappeared from the new configurator, replaced by more expensive base models and options. I now face a 13% price increase to get the same basic options I had initially agreed to, or cancel the order.
I had assumed through consumer protection laws, LR would have to honor all the original contracted agreements, before switching to the new model year pricing. But it seems Landrover see 'price protection' as an option they can choose not to offer.
Is this legal? Despite paying a deposit on a product, and likely investing my deposit to work for them, LR can choose to not offer that product and instead hike prices on me? What's to stop them, or anyone for that matter, doing this for perpetuity!? "Give me a £2k deposit for this amazing product, you'll never get for the price we agreed."
I understand production costs have increased, and I understand that the semiconductor shortage has extended the build timeframes. But I also see LR have launched 3 new models since taking my order, and have record levels of orders on the books. How is this responsible business practice to take on more orders than you can reasonably forecast suitable pricing for? And when you fail to correctly price, passing that price onto consumers?
Reading some contract law on Bait & Switch, I suspect my only option is to cancel and get a refund of my deposit, OR, go ahead and give LR MORE money for being incompetent and hope they don't do the same thing in another 6 months time...
Anyone in a similar position, anyone have any tricks tips, any class actions out there I should join!?
(sorry if there's already a thread on this, I couldn't find anything)
Having placed a £2k deposit on a LandRover Defender back in November 2021, to be delivered in August 2022, LR recently revised their base prices and options. My original spec and pricing has disappeared from the new configurator, replaced by more expensive base models and options. I now face a 13% price increase to get the same basic options I had initially agreed to, or cancel the order.
I had assumed through consumer protection laws, LR would have to honor all the original contracted agreements, before switching to the new model year pricing. But it seems Landrover see 'price protection' as an option they can choose not to offer.
Is this legal? Despite paying a deposit on a product, and likely investing my deposit to work for them, LR can choose to not offer that product and instead hike prices on me? What's to stop them, or anyone for that matter, doing this for perpetuity!? "Give me a £2k deposit for this amazing product, you'll never get for the price we agreed."
I understand production costs have increased, and I understand that the semiconductor shortage has extended the build timeframes. But I also see LR have launched 3 new models since taking my order, and have record levels of orders on the books. How is this responsible business practice to take on more orders than you can reasonably forecast suitable pricing for? And when you fail to correctly price, passing that price onto consumers?
Reading some contract law on Bait & Switch, I suspect my only option is to cancel and get a refund of my deposit, OR, go ahead and give LR MORE money for being incompetent and hope they don't do the same thing in another 6 months time...
Anyone in a similar position, anyone have any tricks tips, any class actions out there I should join!?
(sorry if there's already a thread on this, I couldn't find anything)
XplusYplusZ said:
Calling all contract lawyers
Having placed a £2k deposit on a LandRover Defender back in November 2021, to be delivered in August 2022, LR recently revised their base prices and options. My original spec and pricing has disappeared from the new configurator, replaced by more expensive base models and options. I now face a 13% price increase to get the same basic options I had initially agreed to, or cancel the order.
I had assumed through consumer protection laws, LR would have to honor all the original contracted agreements, before switching to the new model year pricing. But it seems Landrover see 'price protection' as an option they can choose not to offer.
Is this legal? Despite paying a deposit on a product, and likely investing my deposit to work for them, LR can choose to not offer that product and instead hike prices on me? What's to stop them, or anyone for that matter, doing this for perpetuity!? "Give me a £2k deposit for this amazing product, you'll never get for the price we agreed."
I understand production costs have increased, and I understand that the semiconductor shortage has extended the build timeframes. But I also see LR have launched 3 new models since taking my order, and have record levels of orders on the books. How is this responsible business practice to take on more orders than you can reasonably forecast suitable pricing for? And when you fail to correctly price, passing that price onto consumers?
Reading some contract law on Bait & Switch, I suspect my only option is to cancel and get a refund of my deposit, OR, go ahead and give LR MORE money for being incompetent and hope they don't do the same thing in another 6 months time...
Anyone in a similar position, anyone have any tricks tips, any class actions out there I should join!?
(sorry if there's already a thread on this, I couldn't find anything)
Yanked my Range Rover order this week because of the 5k increase which I thought was necky to say the least. 9months after ordering being told it ll be another 4-5 months and we re increasing the price - no thanks. Having placed a £2k deposit on a LandRover Defender back in November 2021, to be delivered in August 2022, LR recently revised their base prices and options. My original spec and pricing has disappeared from the new configurator, replaced by more expensive base models and options. I now face a 13% price increase to get the same basic options I had initially agreed to, or cancel the order.
I had assumed through consumer protection laws, LR would have to honor all the original contracted agreements, before switching to the new model year pricing. But it seems Landrover see 'price protection' as an option they can choose not to offer.
Is this legal? Despite paying a deposit on a product, and likely investing my deposit to work for them, LR can choose to not offer that product and instead hike prices on me? What's to stop them, or anyone for that matter, doing this for perpetuity!? "Give me a £2k deposit for this amazing product, you'll never get for the price we agreed."
I understand production costs have increased, and I understand that the semiconductor shortage has extended the build timeframes. But I also see LR have launched 3 new models since taking my order, and have record levels of orders on the books. How is this responsible business practice to take on more orders than you can reasonably forecast suitable pricing for? And when you fail to correctly price, passing that price onto consumers?
Reading some contract law on Bait & Switch, I suspect my only option is to cancel and get a refund of my deposit, OR, go ahead and give LR MORE money for being incompetent and hope they don't do the same thing in another 6 months time...
Anyone in a similar position, anyone have any tricks tips, any class actions out there I should join!?
(sorry if there's already a thread on this, I couldn't find anything)
In 6 months I d should imagine I ll be able to buy one for less than list anyway .
Just been refunded my deposit .
Fckitdriveon said:
Yanked my Range Rover order this week because of the 5k increase which I thought was necky to say the least. 9months after ordering being told it ll be another 4-5 months and we re increasing the price - no thanks.
In 6 months I d should imagine I ll be able to buy one for less than list anyway .
Just been refunded my deposit .
It's utter BS, right!? But the alternatives don't seem great either - starting from scratch with a different manufacturer, or entering the inflated second hand market..In 6 months I d should imagine I ll be able to buy one for less than list anyway .
Just been refunded my deposit .
I really just want to force them to give me what I paid for.
That seems totally out of order.
I ordered my Mustang GT in 2015 when the prices were announced.
In the year that I waited for delivery the price went up 4 times and the included 1st year road tax went up.
But Ford honoured the original purchase price that I put my deposit down on.
It seems a joke that LR can delay and delay yet charge more and more. There's no incentive for them to honour delivery times for customers.
I've only ever had one LR product from new. It was very unreliable and cost me a fortune in depreciation.
Then I hear of this.
Sorry OP, personally I'd get your deposit back and look elsewhere.
I ordered my Mustang GT in 2015 when the prices were announced.
In the year that I waited for delivery the price went up 4 times and the included 1st year road tax went up.
But Ford honoured the original purchase price that I put my deposit down on.
It seems a joke that LR can delay and delay yet charge more and more. There's no incentive for them to honour delivery times for customers.
I've only ever had one LR product from new. It was very unreliable and cost me a fortune in depreciation.
Then I hear of this.
Sorry OP, personally I'd get your deposit back and look elsewhere.
deggles said:
What does your contract say?
"5. PRICE AND PRICE VARIATION5.1 The Seller reserves the right to vary the Purchase Price by any amount attributable to a variation in the cost or rate of road fund licence, car tax or value added tax between the date of the Order and the date of delivery and the Purchaser shall be bound to pay the price as so varied.
5.2 If before the date of delivery a change occurs in the Manufacturer’s (or relevant concessionaire’s) price for the Vehicle or any Accessory, the Seller shall notify the Purchaser:-
a) if a price increase, of the amount of any such increase the Seller intends to pass on to the Purchaser by increasing the Purchase
Price; or
b) if a price reduction, the amount by which the Seller intends to reduce the Purchase Price (or that no reduction is intended).
5.3 The Purchaser may cancel the Contract:-
a) within fourteen (14) days after the date of a notice under clause 5.2(a); or
b) within fourteen (14) days after the date of a notice under clause 5.2(b) if the amount by which the Seller intends to reduce the Purchase Price, as stated in such notice, is less than the amount of the reduction in the Manufacturer’s price.
5.4 If the Seller is unable to supply any Accessory (of whatever nature) the Seller may at its option either:-
a) substitute a reasonable equivalent; or
b) delete the Accessory from the Order and reduce the Purchase Price by an amount equal to
the price of the Accessory in question.
5.5 The Seller’s inability to supply an Accessory shall not constitute a breach of contract or entitle the Purchaser to repudiate the Contract or reject the Vehicle."
It looks pretty tough to challenge.
BUT one question I do still have - the Seller has to inform me of a price change for the vehicle specified in my order. But the model I specified has been removed from their offerings. Only the model above is now available. (i.e. I ordered an X-Dynamic S, but only the X-Dynamic SE is now available).
So how will they inform me of exactly what the change in pricing is FOR THE VEHICLE I ORDERED.
If they'd bumped the price up on my exact specification, fine. But as it stands, the X-Dynamic S has disappeared completely.
I ordered grape juice, but because of their own failings, they're now trying to charge me for champagne.
croyde said:
That seems totally out of order.
I ordered my Mustang GT in 2015 when the prices were announced.
In the year that I waited for delivery the price went up 4 times and the included 1st year road tax went up.
But Ford honoured the original purchase price that I put my deposit down on.
It seems a joke that LR can delay and delay yet charge more and more. There's no incentive for them to honour delivery times for customers.
I've only ever had one LR product from new. It was very unreliable and cost me a fortune in depreciation.
Then I hear of this.
Sorry OP, personally I'd get your deposit back and look elsewhere.
Thanks Croyde. As it stands, we're in limbo - as the Dealership has not yet officially informed me that my vehicle will be affected. We're waiting to see when they will cut over from producing the MY23s to the MY23.5. When I finally hear confirmation, I want to be prepared. I could well jump into an over-inflated, but likely far more reliable 2nd hand X5 at that point.I ordered my Mustang GT in 2015 when the prices were announced.
In the year that I waited for delivery the price went up 4 times and the included 1st year road tax went up.
But Ford honoured the original purchase price that I put my deposit down on.
It seems a joke that LR can delay and delay yet charge more and more. There's no incentive for them to honour delivery times for customers.
I've only ever had one LR product from new. It was very unreliable and cost me a fortune in depreciation.
Then I hear of this.
Sorry OP, personally I'd get your deposit back and look elsewhere.
XplusYplusZ said:
Fckitdriveon said:
Yanked my Range Rover order this week because of the 5k increase which I thought was necky to say the least. 9months after ordering being told it ll be another 4-5 months and we re increasing the price - no thanks.
In 6 months I d should imagine I ll be able to buy one for less than list anyway .
Just been refunded my deposit .
It's utter BS, right!? But the alternatives don't seem great either - starting from scratch with a different manufacturer, or entering the inflated second hand market..In 6 months I d should imagine I ll be able to buy one for less than list anyway .
Just been refunded my deposit .
I really just want to force them to give me what I paid for.
Salesman did try the are you sure, it ll take another year , yada yada ….then asked me to leave him a Google review , which I laughed about - and reminded him it probably wouldn’t say anything positive , shambles of a dealership (battersea) .
Edited by Fckitdriveon on Sunday 12th June 12:58
Seems that LR cannot fulfill your original order as that spec has now been dropped, with now only offering the next spec above with the associated increase in cost.
This has happened with the manufacturer that I sell for, customer orders a certain spec, the order sits on the system for x months unbuilt, due to the component supply problems, that spec is dropped, original order cannot be fulfilled with only the next spec above being available now, they can have that but it will cost more.
This has happened with the manufacturer that I sell for, customer orders a certain spec, the order sits on the system for x months unbuilt, due to the component supply problems, that spec is dropped, original order cannot be fulfilled with only the next spec above being available now, they can have that but it will cost more.
I don't think it's a new practice.
My Cerbera was ordered by the previous owner at the 93 motorshow with a 5.0 engine.
It arrived 3 years later with a 4.2
That too suffered price increases along the way, and the customer was offered the new price or a full refund.
My Cerbera was ordered by the previous owner at the 93 motorshow with a 5.0 engine.
It arrived 3 years later with a 4.2
That too suffered price increases along the way, and the customer was offered the new price or a full refund.
Edited by RUSSELLM on Sunday 12th June 13:20
Not car related but this has reminded me of the only time I stepped over the threshold of Tiffany in London.
I was buying my ex wife an eternity ring after the birth of our first child.
I'm a South London lad (she's posh) so I felt out of my depth and uncomfortable, I was much younger.
The ring I chose had X amount of diamonds on it but when I presented it to her it was a tad too tight.
I returned to Tiffany who said that it would be sent to New York to be made to the next size up.
Took over 6 months and kind of ruined the occasion of giving the ring in the first place.
On the day of collection I made sure that I wasn't too scruffy and entered the premises.
The ring was there but as they had made it larger they had had to add another diamond thus there was £300 extra to pay.
I was about to meekly hand over my creditcard when I suddenly went all Sarf London, raised my voice and said how feking ridiculous! especially making me wait so long.
A manager quickly glided over and waived the £300.
Sorry again OP, just this suddenly brought that day back.
Hope you get something sorted.
I was buying my ex wife an eternity ring after the birth of our first child.
I'm a South London lad (she's posh) so I felt out of my depth and uncomfortable, I was much younger.
The ring I chose had X amount of diamonds on it but when I presented it to her it was a tad too tight.
I returned to Tiffany who said that it would be sent to New York to be made to the next size up.
Took over 6 months and kind of ruined the occasion of giving the ring in the first place.
On the day of collection I made sure that I wasn't too scruffy and entered the premises.
The ring was there but as they had made it larger they had had to add another diamond thus there was £300 extra to pay.
I was about to meekly hand over my creditcard when I suddenly went all Sarf London, raised my voice and said how feking ridiculous! especially making me wait so long.
A manager quickly glided over and waived the £300.
Sorry again OP, just this suddenly brought that day back.
Hope you get something sorted.
We are in strange times that are triggering these clauses that have always been in contracts, either suck it up and have a new LR on the drive at some point or cancel and don't.
Did you not read the contract and understand this was a possibility, if you don't want any uncertainty buy used.
I can understand the frustration but you signed the contract.
Did you not read the contract and understand this was a possibility, if you don't want any uncertainty buy used.
I can understand the frustration but you signed the contract.
croyde said:
That seems totally out of order.
I ordered my Mustang GT in 2015 when the prices were announced.
In the year that I waited for delivery the price went up 4 times and the included 1st year road tax went up.
But Ford honoured the original purchase price that I put my deposit down on.
It seems a joke that LR can delay and delay yet charge more and more. There's no incentive for them to honour delivery times for customers.
I've only ever had one LR product from new. It was very unreliable and cost me a fortune in depreciation.
Then I hear of this.
Sorry OP, personally I'd get your deposit back and look elsewhere.
I ordered my Mustang GT in 2015 when the prices were announced.
In the year that I waited for delivery the price went up 4 times and the included 1st year road tax went up.
But Ford honoured the original purchase price that I put my deposit down on.
It seems a joke that LR can delay and delay yet charge more and more. There's no incentive for them to honour delivery times for customers.
I've only ever had one LR product from new. It was very unreliable and cost me a fortune in depreciation.
Then I hear of this.
Sorry OP, personally I'd get your deposit back and look elsewhere.
This, I ordered a new Focus RS at the end of 2015 waited more than a year for it and they increased the price twice in that time by over 4k but they honoured the price I ordered at, sold it 3 years later for £2k less than I paid for it which was nice.
OP Unless you are desperate for the car I would tell them to honour the original price or do one and you would like your deposit back with interest. If there is a clause saying you have to cover any price increases then something that important should have been made very clear at the time, not just left to the small print. Would think that's an easy mis-selling win
HTP99 said:
Seems that LR cannot fulfill your original order as that spec has now been dropped, with now only offering the next spec above with the associated increase in cost.
This has happened with the manufacturer that I sell for, customer orders a certain spec, the order sits on the system for x months unbuilt, due to the component supply problems, that spec is dropped, original order cannot be fulfilled with only the next spec above being available now, they can have that but it will cost more.
But I ordered the launch edition 540bhp petrol edition which was the top of the tree when I chose it. This has happened with the manufacturer that I sell for, customer orders a certain spec, the order sits on the system for x months unbuilt, due to the component supply problems, that spec is dropped, original order cannot be fulfilled with only the next spec above being available now, they can have that but it will cost more.
So that doesn’t account for that.
XplusYplusZ said:
So how will they inform me of exactly what the change in pricing is FOR THE VEHICLE I ORDERED.
If they'd bumped the price up on my exact specification, fine. But as it stands, the X-Dynamic S has disappeared completely.
So you haven't actually been told the price has increased? Why don't you call the dealer & speak to them?If they'd bumped the price up on my exact specification, fine. But as it stands, the X-Dynamic S has disappeared completely.
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