Dear Sir or Madam, I am in process of purchasing a used wheelchair accessible vehicle (WAV) & have made a verbal agreement to buy. I intend to use the vehicle as my personal transport but also take my disabled brother out on occasions. Now I have received from the dealer the attached form confirming the sale but including clauses that had not hitherto been brought to my attention. The penultimate warns of penalty IF I were to cancel my purchase: This, I may now have to do because I was misled in phone discussions with the sale negotiator, into believing that the purchase would be VAT exempt on various grounds. However, now a VAT adviser confirms this is not so. Where do I stand legally & what options have I ? I maintain that I was not previously made aware of this clause & wonder at what stage in my negotiation (by phone) would I be deemed to have entered into contract? Before signing this document, & if so does my not being aware of these conditions, release me? Grateful for your advice, I am sincerely, ***** ***** XXXXXXX, Somerset. (XXXXX XXXXXX)
Thank you, AJ,
I understand that you confirm my expectation that the 'Penalty Clause' will be ineffective, if I must cancel. My reason for doing so, (if i so proceed) is that the price I was quoted was erroneously VAT exempt. Seller's fault, not mine. Please affirm.
In the last line of your reply, a word seems to be missing after 'slightly' If so please amend & confirm that I can cancel this deal without penalty, if negotiation leaves me no other alternative.
Many thanks. ADC