Should they honour it?

[nicoll70]

Hi just some advice please. I have been emailing a dealership about buying a used van from them. I was going to part exchange my van and make the rest up in cash. I told the sales guy about my van condition etc and let them know that it was registered in 2012 he agreed a trade in and told me how much I would have to makeup in cash. All was going well, and I sent them a deposit I also sent them the vin number. He has now come back to me saying that although the van was registered in 2012 it is a 2011 model and has asked for an extra £850!! Is this fair as we had agreed a trade in and I had sent a deposit?

 

[otherclive]

It’s not uncommon in that period as following the 2008 financial crash the leisure vehicle was slow to pick up and demand lagged supply. I’d settle as you don’t know what the markets going to be like from hereon. But see if a half way house can be arranged. Bet dealer advertises it using the Registration date though.

 

[JTQ]

Just seems strange at the time of making the offer, they were only interested in when it was "registered" and not what it actually was they were buying,
If that is the specific wording, "2012 registered", that is written in the contract you would IMO have a claim, but I suspect anything unseen comes with a caveat subject to being seen to confirm as described. Thus, the wording used on the contract will, IMO be critical.
A main Clubs legal advice team, if member, is possibly your best source of sound advice.

 

[ProfJohnL]

When it comes part exchanging, most dealer's may make a provisional offer before having had the opportunity to inspect it, but that offer is almost always accompanied with a verification clause which allows them to amend or even withdraw an offer if the inspection or checks reveal a material difference between the goods and the sellers description.

Given the circumstances in this case, the offer would have been provisional, and the revelation of the different year of manufacture would certainly affect the value of the caravan. Whilst JTQ's point about what was specifically asked would be valid if the offer were final and converted into a contract, I'm sure the provisional nature of the offer will allow the dealer to amend it.

It's still worth haggling, but I doubt it's going to make much difference, as the fact is the caravan is older than its registration date.

Just a note of caution, if you press the dealer too hard, they do might legitimately simply withdraw the offer completely, so you need to be clear on how much you want the new caravan, and can you afford the extra cash that is being asked.

 

[Mel]

They are not going to be awash with business at the moment are they? I would say it was currently a buyers market and suggest you ring around/ email other dealers, see what they say and then go back to your dealer with a clear counter offer. Or the ultimatum that you are taking your business elsewhere. You are entitled to your deposit back. Probably far more productive than getting into a legal haggle.
Good luck
mel

 

[Raywood]

I would agree with the Prof in that the offer was provisional and based on the model year. If the dealer when selling on used the year of registration then that could be regarded as misleading and they would have to use the model year. Not sure if there was a misunderstanding when the year of registration was given as the year is more important although the late registration might mean it is worth a bit more than the norm for that year
.
Having said that the deal is not complete and therefore you do not have to accept it. The dealer will have a site full of caravans having expect to sell most by now and will almost certainly need to do a deal when the lock down ends. You should be able to improve on the adjusted figure if you bargain hard, but do make sure your caravan is exactly as described, and particularly check for damp, so you are not caught out again.