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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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I went to buy a car yesterday and was told the price was£6388.

Resolved Question:

I went to buy a car yesterday and was told the price was£6388. I paid a £500 deposit and signed the paperwork agreeing this. Once we got home I had a call from the dealer saying they had made a mistake and it is £900 more and the deal was off and had refunded my deposit? Can they do this or do they have to sell it to me at the agreed price on the paperwork?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today.

Customer: Hello
Customer: Can you help me with this?
Ben Jones :

Whilst you can argue that a legally binding contract was made, the dealer could also argue that the contract was entered into under the assumption of a mistake and a mistake in law can make a contract unenforceable. In other words, if a genuine error as made by a party then the other party cannot be allowed to benefit from that mistake and try to enforce the contract. This is all quite a complex technical legal area but such a defence is possible on the dealer’s part.

The other consideration is that you cannot really force them to sell the car at the agree price. No one can physically force them to give you the car in exchange for the price you agreed. The best you can hope for is to find a car of equal specifications and show that you have had to pay more when compared to the deal you had agreed. However, that is still on the assumption that the dealer cannot show that there was a mistake which made the contact unenforceable.

Customer: Ok thanks for making that clear for me.
Ben Jones :

you are most welcome

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