New car, lease, question!?

[knitware]

Hello, I hope that someone could offer advice.

Two weeks ago I ordered a new Kia Sportage KX3. There is a waiting list for this car for 6 weeks but in general more likely 8-12 weeks. I don't mind this what I do mind however is that today a Sportage KX4 has been announced. I realise that this won't mean much to a lot of chaps here but instead of the 136bhp 2.0 diesel engine the output is increased to 181bhp and torque is 392 Nm, plus there are extras.

I'm quite p1ssed that the dealer failed to mention this when I ordered as I would have gone for the top spec car. My question is this, based on your experience:

The car is a lease hire deal, deposit and 35 payments. I haven't signed any documents as it was done over the phone could I:

1) Cancel the order without repercussions (am I legally obliged to take the ordered car) or
2) Ask the dealer to change the specification of the car to the higher model.
or any other options?

Thank you in advance!

[DonnyMac]

Have you spoken to the dealer?

[knitware]

Not yet. The KX4 was announced yesterday and I only found out tonight. I was hoping to find some info before I ring them tomorrow morning.

[homerjay]

Ask nicely, you never know

But if you have signed nothing, I don't think your bound to any contract

If you've emailed them with the request then I guess that could count as a contract.

If only Over the phone then you could walk away I reckon

[knitware]

I had a test drive and a few days later rang them and they filled in an application for the lease. I had a call a few days later to say all is ok and that they have ordered the car for me. No emails and nothing in the post to sign. I have found this odd but I haven't leased a car before so I'm not sure if this is the norm.

I will ring them in the morning but would like to know if they get 'funny' and if nothing has been signed whether I could just cancel the deal.

[StealthSteve]

homerjay said:

But if you have signed nothing, I don't think your bound to any contract

I'm afraid a chat on the phone is as legally binding as a signature.

If they have a record of the call then for sure, but you also get a statutory cooling off period on many, many goods purchasable.

In short, you can change your mind and swap choice and should have no issues. You are legally bound to the initial deal but it means nothing so early on.

[knitware]

If a phone call is bounding in your opinion would it be reasonable for the dealer to accept a change in the car spec

I understand that I maybe concerned about nothing but it's good to hear form experience.

Edited by knitware on Tuesday 3rd July 21:42

[jm0908]

As others have said, speak to the dealer. Unless you have ordered a very unsaleable car I'm sure they'll just change the order for you. And yes in theory you could say phone calls/emails are binding but in my experience unless you've actually paid a deposit and signed something then it means very little...