Selling to Motor Trader- Breach of Contract?
Discussion
I sold my old car today to one of the "large motor traders", a car supermarket type who claim to beat WeBuyAnyCar prices. Initially happy with the service, was given an offer somewhat below the estimated online price, haggled, and eventually managed to get near-as-makes no difference the price they'd initially estimated. Happy days, signed the documents, as did their staff member, did the handover and was on my merry way with the promise of money in the bank in 3-5 days.
Get home and I've got an email from the staff member, very apologetic, saying that there had been a mistake and the most head office were able to offer for the vehicle was the initial offer prices, not the amended one. Then giving me two options- either come collect the car at my own time and expense, or accept the reduced figure. So far, so shady-second-hand-car-dealer.
Thing is, though the purchase invoice which lists me as the supplier and the sale price, and which was signed by both myself (seller) and the staff member (buyer) has a line at the end saying :
"This document contains the terms of a contract. Sign if only if you wish to be legally bound by them."
My reading of this is that they're legally bound to honour the terms of the purchase and can't renege or attempt to renegotiate price without being in breach of contract. However I know very little about contract law or what this would actually mean in practical terms. I'm escalating to the main motor trader complains process, prepping some social media responses and looking to enquire with Trading Standards.
Has anyone else had a similar experience?
Get home and I've got an email from the staff member, very apologetic, saying that there had been a mistake and the most head office were able to offer for the vehicle was the initial offer prices, not the amended one. Then giving me two options- either come collect the car at my own time and expense, or accept the reduced figure. So far, so shady-second-hand-car-dealer.
Thing is, though the purchase invoice which lists me as the supplier and the sale price, and which was signed by both myself (seller) and the staff member (buyer) has a line at the end saying :
"This document contains the terms of a contract. Sign if only if you wish to be legally bound by them."
My reading of this is that they're legally bound to honour the terms of the purchase and can't renege or attempt to renegotiate price without being in breach of contract. However I know very little about contract law or what this would actually mean in practical terms. I'm escalating to the main motor trader complains process, prepping some social media responses and looking to enquire with Trading Standards.
Has anyone else had a similar experience?
Thanks for the replies, confirms my understanding. Cheers as well for the advice on next steps. Will be interested to see what their response is tomorrow. I wonder how many other people they've tried this technique with who might have been more desperate or not had the wherewithal to push back?
Vaud said:
Butter Face said:
How much value difference are we talking?
Why is that material? It's a contract. The dealer is deemed to be the expert in cases like this?
If it’s £50 then it’d be easy to just suck it up, if it’s £3k then worth a battle.
Either way, they’ve made an offer, unless you’ve misled them then they need to suck it up and pay you IMO.
Butter Face said:
Vaud said:
Butter Face said:
How much value difference are we talking?
Why is that material? It's a contract. The dealer is deemed to be the expert in cases like this?If it’s £50 then it’d be easy to just suck it up, if it’s £3k then worth a battle.
Either way, they’ve made an offer, unless you’ve misled them then they need to suck it up and pay you IMO.
Of course the material difference matters unless you're an oligarch that likes to sue people for the hell of it.
I wonder if the OP will divulge....
Vaud said:
Wills2 said:
Indeed, wise words.
Of course the material difference matters unless you're an oligarch that likes to sue people for the hell of it.
I wonder if the OP will divulge....
He has. Read the posts...Of course the material difference matters unless you're an oligarch that likes to sue people for the hell of it.
I wonder if the OP will divulge....
Edited by Wills2 on Saturday 24th February 21:49
ManOpener said:
I did also give relative proportions. To be more specific, the "few hundred" equals 12% of the signed offer. The book value of the car is about two grand so you can probably work out about what they offered.
OK, well they need to stand by their mistake then and pay you what they agreed to, for goodwill if nothing else. 
JPJPJP said:
Reply saying you expect the duly signed contract to be honoured and will commence legal action if the monies involved aren’t with you in the timeframe set out in said contract
Totally agree with this.OP, would be interested if you would update this thread when the situation reaches its conclusion. It could be useful for others.
Plate spinner said:
JPJPJP said:
Reply saying you expect the duly signed contract to be honoured and will commence legal action if the monies involved aren’t with you in the timeframe set out in said contract
Totally agree with this.OP, would be interested if you would update this thread when the situation reaches its conclusion. It could be useful for others.
Glad you got a good result OP.
Off topic - but can someone explain the reasoning behind the secrecy in posts on Pistonheads? Normally when it comes to the topic of money, figures are always given in a round-about way with the actual amount only alluded to... i.e. 'a few quid'
Not having a pop at the OP, a genuine query.
Off topic - but can someone explain the reasoning behind the secrecy in posts on Pistonheads? Normally when it comes to the topic of money, figures are always given in a round-about way with the actual amount only alluded to... i.e. 'a few quid'
Not having a pop at the OP, a genuine query.
300c said:
Glad you got a good result OP.
Off topic - but can someone explain the reasoning behind the secrecy in posts on Pistonheads? Normally when it comes to the topic of money, figures are always given in a round-about way with the actual amount only alluded to... i.e. 'a few quid'
Not having a pop at the OP, a genuine query.
Because if the OP had said it was only a few hundred quid a smarmy, know it all company director type with an 87,000 post count would have come along, called him a peasant and told him to suck it up?Off topic - but can someone explain the reasoning behind the secrecy in posts on Pistonheads? Normally when it comes to the topic of money, figures are always given in a round-about way with the actual amount only alluded to... i.e. 'a few quid'
Not having a pop at the OP, a genuine query.
300c said:
Off topic - but can someone explain the reasoning behind the secrecy in posts on Pistonheads?
With regards to bad / negative feedback, the redaction will be due to the name & shame rule.https://www.pistonheads.com/gassing/topic.asp?h=0&...
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