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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I bought a new van and traded my own against it the dealership

Customer Question

I bought a new van and traded my own against it the dealership offered me 7800 i went to do paperwork and pick up the van i paid the balance in full and at that point the salesman asked me to produce a vat receipt for 6500 plus vat, i told him my vehicle was not vat qualifying but he wouldnt listen we exchanged vehicles and went on our way however he is now hasstling me for the invoice, i have the offer in an email stating 7800 and on the sales documents. Where do i stand legaly
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.
Alex Watts : You had already accepted the lower price of £6500, is that correct?
Customer :

no when i first corresponded with them they offered 7800 no mention of vat until i signed the forms for the new van .this morning i looked through the paperwork and i have signed a form that states 6500 plus vat. i would never have traded the van for this amount i beleive he misrepresented himself.

Alex Watts :

But did you read the form before you signed it? Or could you have?

Customer :

it wasnt like that he took my card payment shoved some papers in front of me which i signed when i got home and read through the paperwork it said i had signed for 6500 plus vat, however my van was not vat qualiyfiying. on no ocasion prior to this had he mentioned vat

Alex Watts :

Yes I understand, but you did not read the terms before you signed please?

Customer :

no it was rushed just a bunch of papers and constant signing not reading just signing

Alex Watts :

Legally its bad news I am afraid. As this is a van and you are in business then if you took the matter to Court a Judge would have expected you to read the documents.

Alex Watts :

If you had not read the documents case law suggests that unless the document is materially different to one you were expecting them legally you are bound by it.

Alex Watts :

This means that in law you are responsible for checking and signing any document after it has been read.

Alex Watts :

This means that you are bound by it as I assume you signed it at the dealers site

Alex Watts :

Therefore in law sadly you would not be able to cancel the contract unless the contract allows and you would be bound to go ahead with it but with a trade in value of £6500.

Alex Watts :

I know this is not the answer you want and is certainly not the one I want to give you but I have a duty to be honest.

Alex Watts :

However if you have the email receipt for the value then the dealer may accept this.

Alex Watts :

But really it would need to show any VAT number to allow for this element of it.

Alex Watts :

Can I clarify anything about this for you today please?

Customer :

the documents were diffrent from the ones previosley sent over via email

Alex Watts :

Yes but that does not matter. It is at the point you signed it which is important.

Alex Watts :

If you signed it, they should have been read and the onus is far higher on you as a commercial trader rather than a consumer.

Alex Watts :

As a consumer you may have had more rights

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

If this answers your question, please take a moment before you leave and rate my service, which I hope has been excellent, it only takes a second and is an important part of the process. Otherwise if you need more information or help then please click reply. Alex

Alex Watts :

Please remember you are rating my service and not whether or not it was the answer you wanted. Thank you.

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