Dealer Mistake

[JAWF]

I'm in the process of part exchanging my car for a later model from a used car dealer (not a main agent). We have agreed a part exchange value for my car & I have placed a deposit. The dealer has emailed me an invoice for the balance. However, he has made a mistake on his invoice, listing the replacement car at £1k less than the forecourt price. I have paid the balance by bank transfer (which is obviously £1k less than I thought I was going to have to pay.). I am due to collect the car next week. If the mistake isn't spotted am I within my rights to drive off with the replacement car without saying anything? What happens if the mistake is spotted some time later after I have taken possession of the car? Can the dealer pursue me for the £1k? I should mention that in discussions prior to agreeing a deal, the asking price for the replacement car was never discussed. All discussions hinged on the part exchange value of my car. I had initially rejected their first offer for my car but they came back later that day with an increased offer which I accepted.
Is this a case of "Caveat Vendor?"

[loofer]

JAWF said:

I'm in the process of part exchanging my car for a later model from a used car dealer (not a main agent). We have agreed a part exchange value for my car & I have placed a deposit. The dealer has emailed me an invoice for the balance. However, he has made a mistake on his invoice, listing the replacement car at £1k less than the forecourt price. I have paid the balance by bank transfer (which is obviously £1k less than I thought I was going to have to pay.). I am due to collect the car next week. If the mistake isn't spotted am I within my rights to drive off with the replacement car without saying anything? What happens if the mistake is spotted some time later after I have taken possession of the car? Can the dealer pursue me for the £1k? I should mention that in discussions prior to agreeing a deal, the asking price for the replacement car was never discussed. All discussions hinged on the part exchange value of my car. I had initially rejected their first offer for my car but they came back later that day with an increased offer which I accepted.
Is this a case of "Caveat Vendor?"

Forecourt price is just ‘invitation to treat’. It helps your case that nothing was agreed verbally.
The invoice is the price the deal is being agreed on an what would be accepted in court.
Are you sure that £1k isn’t a reflection of your p/x?

[Butter Face]

So, your only discussions were about the PX price (or the price to change, which is what it’s costing you) which is the same as it was?

It’s irellevant to you what the actual selling price is really, but it’s likely intentional.

Selling you the new car for £1k less and giving you £1k less for your PX (on paper) still gives you the same ‘cost’ to change but saves the dealer the VAT on £1k profit.

[JAWF]

loofer said:

Forecourt price is just ‘invitation to treat’. It helps your case that nothing was agreed verbally.
The invoice is the price the deal is being agreed on an what would be accepted in court.
Are you sure that £1k isn’t a reflection of your p/x?

The part exchange price I agreed with the dealer is stated on the invoice, as is the mistaken price for the replacement vehicle. Both figures are taken into account, along with an additional deposit, in the balance figure demanded so - no - the £1k isn't a reflection of the p/x.

[JAWF]

Butter Face said:

So, your only discussions were about the PX price (or the price to change, which is what it’s costing you) which is the same as it was?

It’s irellevant to you what the actual selling price is really, but it’s likely intentional.

Selling you the new car for £1k less and giving you £1k less for your PX (on paper) still gives you the same ‘cost’ to change but saves the dealer the VAT on £1k profit.

The agreed p/x price for my car is stated on the invoice as is the (mistaken) selling price for the replacement vehicle. I paid an additional amount to secure the car so that it was taken off sale. All 3 amounts are stated on the invoice & the balance demanded reflects these 3 amounts.
The original forecourt selling price was highlighted by Autotrader as a "great price."

Hope this is clear.

[Helicopter123]

JAWF said:

Butter Face said:

So, your only discussions were about the PX price (or the price to change, which is what it’s costing you) which is the same as it was?

It’s irellevant to you what the actual selling price is really, but it’s likely intentional.

Selling you the new car for £1k less and giving you £1k less for your PX (on paper) still gives you the same ‘cost’ to change but saves the dealer the VAT on £1k profit.

The agreed p/x price for my car is stated on the invoice as is the (mistaken) selling price for the replacement vehicle. I paid an additional amount to secure the car so that it was taken off sale. All 3 amounts are stated on the invoice & the balance demanded reflects these 3 amounts.
The original forecourt selling price was highlighted by Autotrader as a "great price."

Hope this is clear.

Have you pointed this out and discussed with the dealer?

[JAWF]

No. I have taken possession of the car today & have the invoice signed by the dealer & myself as 'Payment Received.' Where do I stand if the dealer, at a later date, realises he has made a mistake?

[Butter Face]

You stand next to your car.

Simple. You’ve paid what they asked and that’s it.

I still don’t think there’s been any mistake made by them tbh.

[Sheepshanks]

Butter Face said:

I still don’t think there’s been any mistake made by them tbh.

If the OP was prepared to pay £1000 more then they appear to have left £1000 on the table.

[JAWF]

OK - Thanks for all your comments.

Car is a 64 plate Smart Grandstyle (turbo version) Cabrio with only 12k on the clock, immaculate inside & out. Autotrader highlighted it as a 'Great Price.'

Anyway, I'm happy with it - much nippier than the Smart MHD that I p/exed.

[cuprabob]

JAWF said:

Autotrader highlighted it as a 'Great Price.'
.

Honestly that means absolutely nothing.

As long as your happy with the car and the price you paid then that's all that really matters.

Enjoy your new car.

[CaptainSlow]

How did you pay for the car? Cash or card?

[JAWF]

Cash.

[anonymous-user]

I had a BMW dealer misprice a car by 1000 quid many years ago. I spotted the mistake when the finance guy was putting the paperwork together.

I filled it all in and finance got approved and I gave them the deposit.

The next day the salesman rang and said that they made a mistake but I said tough it's all signed for now. They couldn't do anything and I got myself a bargain 325i.

Enjoy your car buddy. You got a great deal and there is no need to worry now it's all paid for.