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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I need advice. I have just been to a car dealership to

Resolved Question:

Hi, I need advice. I have just been to a car dealership to accept delivery of a brand new car. The specification of the car was verbally agreed over the phone about 7 weeks ago. The original order was signed with a different spec 3 months ago and myself and my business partner were told "don't worry about exact spec as we can confirm later". As you have probably guessed the car has turned up with a different colour roof to that confirmed over the phone. The salesman denies the conversation (probably realising the mistake is to the tune of thousands of pounds). I refused to accept delivery but the dealership is basically telling me tough. What are the next steps as I know i informed them of the spec and my business partner confirms that he heard me as he was with me when we did it.
Thanks
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you,
Why didnt you get any changes confirmed in writing please?
Customer: replied 2 years ago.

The dealership was a great distance and when we ordered the salesman said to just confirm the spec over the phone with them. The spec changed with a few items and they got those right except the roof. So the original quote is different to the car delivered on other aspects so i presume they can't argue that they have delivered the original order.

Expert:  Ash replied 2 years ago.
What is it you want to achieve? Have you paid for the car?
Customer: replied 2 years ago.

Dealer has had money, through deposit and finance. Want the roof changed to correct colour. As this is a new vehicle do i have the right to tell them to rectify or i will cancel as i have refused to take delivery ?

thanks

Expert:  Ash replied 2 years ago.
You can't cancel unless the contract allows. Does the contract allow them to make changes to spec without telling you?
Customer: replied 2 years ago.

no, but at the moment i cannot prove the spec was confirmed.

Expert:  Ash replied 2 years ago.
Ok. Well you have 2 choices:
1) Refuse to pay until they give you the correct one. They may then try and take you to Court for the balance. You can defend it on the basis of the spec and the conversations which were witnessed.
2) Pay up and sue them for breach of contract. You would need to estimate your loss and then sue for that sum. If its £10,000 or below it would be a small claim and therefore you dont need a Solicitor.
Sadly you can't cancel because its a business contract.
Can I clarify anything for you about this today please?
Alex
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex