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Can garage change part-ex price after deposit paid?


WendyC
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Hubby bought a 2nd hand car on Saturday, the garage agreed a part-ex price for his car (£1000) and we left £100 deposit, but have phoned us today saying that they can only give us £800 part-ex. We went in to see them tonight, and negotiated that we would meet them half way and pay another £100 if they found the other £100.

 

I’m really not happy about this, but unfortunately we didn’t have anything in writing saying the part-ex price, just a signed business card with the £100 deposit written on.

 

We are due to collect the car tomorrow – still haven’t signed anything yet, but just wondered if they could do this as we had already left a deposit.

 

DH was desperate not to loose the car as it is an unusual car and a good example which is why we said we would pay the extra £100 when we pick the car up tomorrow.

 

Can they do this after we have paid a deposit? Or do they have us over a barrel as they know how much hubby loves the car?

 

Any help really appreciated as we are due to collect the car tomorrow and guessing we won't be able to do anything after we have signed.

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Hi there,

 

Simple answer is no. As soon as money is exchanged you have entered ito a contract. The only way the garage can 'back down' on a part exchange offer is if something happens to the car they are buying between the offer and the actual delivery, so they have broken their side of the deal so you can pull out of the purchase if you wish.

 

Normally when paying a deposit for a car, you should get a car sale invoice which will detail the car you are buying and the part exchange amount. You should certianly not have accepted a 'signed business card' as a receipt.

 

As I see it you have one of three options; withdraw from the deal unless the original part exchange offer is made (you would be intitled to a full refund of your deposit), As you say- ask them to meet you half way (you hav'nt mentioned if that was agreed) or take it on the chin and pay the extra £200.

 

I'm not sure how you could persue this legally and force the garage to stick by the original deal without a proper sale agreement, but i'm sure you can ask for your deposit back and back out of the deal alltogether under the circumstances.

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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