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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hello, I recently decided to change my motorcycle for a new

Resolved Question:

Hello, I recently decided to change my motorcycle for a new one, so rang the local dealer for a price on the new one and what would he give me for my part exchange. He gave me a price over the telephone of 14500 for the new one but could not guarantee this as he was still waiting for official pricing from the manufacturer, he advised that the price could be slightly more or even slightly less, I asked how much more was it likely to be but he was non committal, I suggested would it be 200 pounds more and he said maybe , maybe less but it will not be a huge amount more. I then asked for a part exchange price for my bike, I detailed the age, mileage and specifications and he made a verbal offer of 7000. I also added that due to the new bike not being released until at least March 2015, he could take mine now, sell it and hold onto the money until the new one was ready and that if we did have a deal, I would come into the shop and pay a deposit and sign for the new bike.. After this he said, shall I come and get your bike ? I said, let me mull it over the weekend and I would call him on Monday (22.12.14) with a decision. I called on Monday and asked would he be able to fix the asking price of the new bike so I new where I stood, he couldn't do this but reiterated that the increase if any wouldn't be a lot, so we went through the deal and he confirmed he would allow me 7000 against the new bike, I then stated , ok we have a deal, and he agreed to collect my bike on the 23.12.14, today his business partner collected my bike which I feel is/was a clear indication of his acceptance of the deal/arrangement and asked for the documents of which I replied, I will follow you to the shop with them as I need to sign paperwork for the new bike and give you a deposit, even though I was entrusting them with my bike.. On arrival at the shop, the business partner said, your bike doesn't have the R on it, ( the R is a higher spec bike) I replied well no, it wouldn't as it is not an R ? Very abruptly he said the deal was off, even though he had my bike, I commented that at no point have I ever said it was the R version? He then said it was worth 1k less and no deal, obviously unhappy at this point he called his business partner who I had dealt with and he said, and i quote, I thought it was an R but I have made a mistake, my comment was, well as far as I am concerned we have a deal, and whether you have made a mistake or not,it isn't my problem or fault as we struck a deal and it is binding. They both became very stand offish and said we can't lose money so no deal, they called me later had a chat and said they would call back, but nothing so far. Sorry for being long winded, but are they able to back out from this deal?? Thank you David.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello David my name is ***** ***** I will help you with this.

Alex Watts :

For now please clarify is there anything in writing regarding the offer for your bike? Did you give the impression it was the higher spec?

Customer: The offer was verbal, on Friday of last week and confirmed again yesterday, nothing in writing as yet, at no point did I infer or imply that my bike was the higher spec, he has admitted that he has made a mistake. as i was buying a new bike I assumed that he was looking at the whole deal and offered what he did to do the deal, I didn't ask for a discount on the new one, in fact he stated without prompting from me that due the the part ex price he would not be able to discount the new one which I acceted.
Alex Watts :

Was anything signed re the new bike and it said yours was part ex?

Customer: Nothing signed at this point, all verbal
Alex Watts :

Thanks. Did you pay anything?

Customer: Nothing paid as it was a telephone call on Friday of last week, and we agreed a deal on Monday on the telephone, I went today to sign and pay a deposit, at this point they admitted they had made a mistake.
Alex Watts :

Thanks. Its bad news then I am afraid.

Alex Watts :

If nothing was in writing you are stuck. It may have been a verbal offer but with vehicles etc they are subject to contract

Alex Watts :

This means either party can pull out at any time until your signature is on the order.

Alex Watts :

Therefore sadly on that basis they can pull out, because there was not a binding final written confirmation

Alex Watts :

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Customer: Thanks for your help, at least I know, I will speak with them tomorrow and see what can be done, it is their fault, so I will try the moral route, nothing ventured nothing gained.
Customer: Thanks again.
Alex Watts :

Sadly yes of course and on Christmas Eve as well

Customer: David.
Alex Watts :

You can of course appeal to their Christmas good will

Alex Watts :

Can I clarify anything else for you today David?

Customer: No, all good with me..
Customer: have a good christmas.
Alex Watts :

And you.

Alex Watts :

If I could ask you to rate my answer before you go today please - the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Alex Watts :

Happy Christmas Eve Eve!

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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