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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Hallo I ordered a new car in December in March

Resolved Question:

Hallo
I ordered a new car in December for delivery in March 2015. Both parties signed the order form, which does not contain terms and conditions, but which does list the specification and the price and which states that it is a legally binding agreement.
The car dealer phoned me last week to say they have made an error in pricing the car and want to charge me an extra £4,000. They say they cannot sell me the car at the price on the order form. I have a meeting with them tomorrow to discuss this.
My view is that I have a contract for the supply of the car at the stated price and if they made an error that is their problem. Is this correct? Could they withdraw the car from sale if I insist that they supply it at the agreed price?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
You are correct. They are caught by the contract and the contract says that X price was agreed.
However, contract or not you cannot force them to sell it to you. If they refuse to sell at the agreed price then your only option is to either discontinue or pay the extra and sue for the cost.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Am I correct in thinking that £4000 is above the small claims court limit Jo?

Expert:  Jo C. replied 2 years ago.
No.
The small claims limit is £10k.
Customer: replied 2 years ago.

Thanks for your advice

Expert:  Jo C. replied 2 years ago.
No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/
Jo C., Barrister
Category: Law
Satisfied Customers: 70012
Experience: Over 5 years in practice
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