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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71050
Experience:  Over 5 years in practice
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We viewed a car on Saturday at an Audi garage. The car was

Customer Question

We viewed a car on Saturday at an Audi garage. The car was up for sale for £33444.00. We told the sales person our budget was £30,0000. She said she would be able to do a deal come and have a chat. After a test drive and chat They would only reduce the price by £444.00 so we left.
On Monday the sales person tried calling several times, eventually we answered the call. Repeated that our budget was £30,000. At 5.16pm last night had an email from sales person saying she had had a word with her manager and Explained the situation and our feelings.. She said she had good news for us that she would take off the £444.00 for Life Shine product and could offer the car for £30,000.00. The make up for this would be £18,000.00 to pay our car £12,000.00 = £30,000.00.
Last night we accepted the price provided they carried out a few minor repairs to the car. They agreed and this morning took a £500.00 deposit.
This afternoon her manager phoned to say the sales person had messed up the pricing and wanted £33,000 for the car. If we didn't pay the extra they would repay our deposit.
We feel they had accepted our price and took our deposit. Could you please let me know we're I go from here?
Thank you *****
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Are you asking if you can force them to sell?
Customer: replied 2 years ago.
We love the car and want to buy it for the £30,000 as agreed.
Expert:  Jo C. replied 2 years ago.
I'm really sorry but that just cannot be forced.
They have agreed this price and they are bound by it. If they refuse to comply then they are in breach of contract.
However, you cannot force them to perform the contract. All you can do is sue for any damages actually incurred. Specific performance of a contract can only be enforced if the item in question is literally unique - like a pet or I suppose a specified antique.
In principle you do have a claim against them for the difference between this vehicle and the price you would pay for it elsewhere if you purchase elsewhere. With cars it is always very difficult to rely on that though because it is always possible to make a distinction between two used vehicles upon either mileage or history etc.
You can always complain to them. Sometimes that does achieve far more than the law would.
I'm afraid though that if they refuse the law will not force them to sell at this price.
I'm very sorry.
Can I clarify anything for you?
Customer: replied 2 years ago.

I have already complained to them, as I feel it is the sales persons fault for sending an incorrect priced email. Surely once a sales has been agreed and a deposit has been taken that should have secured the deal?

Expert:  Jo C. replied 2 years ago.
Oh yes, it is a binding contract.
But it has the problem I mentioned above.
Customer: replied 2 years ago.

I will speak to them again tomorrow.

Thank you

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 Jomo1972’.