Price increased after reservation of car saying it is intially incorrectly priced.

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Glc300d

New Member
Joined
Dec 16, 2023
Messages
9
Location
ll18 5wr
Car
GLC 300d
Hi Guys, I am a new member.
Today i am very disappointed by mercedes benz dealership team. I saw a glc 300d listed for a very good price yesterday and immediately called up the dealer, confirmed the price and car details. They advised to reserve the car if i am interested. So i reserved the car and i got the the confirmation email including the car reg no, details and listed price. So i cancelled my reservation with another glc car as i liked this car most. Today i received a call from sales team saying that the car is wrongly priced yesterday and the actual price is £9000 more now. I told them i spoke to one of the sales team yesterday, confirmed the car price and details, then only i proceeded for reservation, for which they said the price now is £9000 more now(which i obviously cant afford) if i want to proceed further. So i asked them to keep the reservation and will get back to them later. I am just wondering what are our rights once we reserve the car and is there any way we can raise this issue and make a complaint. I would very much appreciate any suggestions on how to proceed further and is there any point in making a complaint at all?
 
Welcome.

Strictly speaking, they have made an offer for a contract, and should abide by it.

However:

a. While a verbal contract is legally binding, can you prove it?

b. They may have it in their T&C (which are probably on their website) that the price may change until you sign, or an Errors and Omissions clause etc.

Personally, I'd give both the car and the dealership a wide berth. Not sure if they are 'trying it on' or are just incompetent, either way I wouldn't stick around to find out but just avoid them altogether.
 
Welcome.

Strictly speaking, they have made an offer for a contract, and should abide by it.

However:

a. While a verbal contract is legally binding, can you prove it?

b. They may have it in their T&C (which are probably on their website) that the price may change until you sign, or an Errors and Omissions clause etc.

Personally, I'd give both the car and the dealership a wide berth. Not sure if they are 'trying it on' or are just incompetent, either way I wouldn't stick around to find out but just avoid them altogether.
Thanks for the reply. I have got the email confirmation of the reservation which includes the car reg no, features and listed price. But as you said in T&C it is mentioned that ''We may cancel the reservation for whatever reason whereupon we will refund the Reservation Fee''. But i feel to tally disappointed, they didnt even bother to apologise initially, just they called and informed me that the new price is 38000 and if i want to proceed or cancel the reservation. When i raised the issue again by email, then the sales executive offered his apologies.
 
Hi Guys, I am a new member.
Today i am very disappointed by mercedes benz dealership team. I saw a glc 300d listed for a very good price yesterday and immediately called up the dealer, confirmed the price and car details. They advised to reserve the car if i am interested. So i reserved the car and i got the the confirmation email including the car reg no, details and listed price. So i cancelled my reservation with another glc car as i liked this car most. Today i received a call from sales team saying that the car is wrongly priced yesterday and the actual price is £9000 more now. I told them i spoke to one of the sales team yesterday, confirmed the car price and details, then only i proceeded for reservation, for which they said the price now is £9000 more now(which i obviously cant afford) if i want to proceed further. So i asked them to keep the reservation and will get back to them later. I am just wondering what are our rights once we reserve the car and is there any way we can raise this issue and make a complaint. I would very much appreciate any suggestions on how to proceed further and is there any point in making a complaint at all?
Has the car now got the extra £9000 showing against it?

I would be tempted to send someone round to have a look and/or ask for its details, if the price is what you originally reserved it for, they are taking the P1$$! :rolleyes: :oops:
 
I saw a glc 300d listed for a very good price
This would surely lead an independent observer to think there was possibly an error in the pricing? It's a very good price because someone typed in the wrong numbers. £9000 is a big difference.
The argument would be was the price quoted realistic for the goods offered?
How did you reserve the car? Did you put down a deposit?
 
Thanks for the reply. I have got the email confirmation of the reservation which includes the car reg no, features and listed price. But as you said in T&C it is mentioned that ''We may cancel the reservation for whatever reason whereupon we will refund the Reservation Fee''. But i feel to tally disappointed, they didnt even bother to apologise initially, just they called and informed me that the new price is 38000 and if i want to proceed or cancel the reservation. When i raised the issue again by email, then the sales executive offered his apologies.

"We may cancel the reservation for whatever reason whereupon we will refund the Reservation Fee'' - as a consumer, you could well argue that this is an unfair clause, because it totally negates the meaning of 'reservation'. The clause basically means that nothing has been reserved... To be mage legally valid, the contract should have been named differently, not a 'reservation' (maybe 'Letter of Intention' etc). But do you really want a legal fight? The car will be long sold to someone else by the time the issue is resolved, and in a best case scenario you'll be awarded some compensation which may or may not cover your legal costs. Your call.... Life it too short. Name and shame them and move on, that would be my advice.
 
I had exactly this situation a few years ago. The error was £4000. I stuck to my guns, but only had a verbal agreement of the price at the time. I pointed out that all calls were recorded by them, it actually says so when the phone is initially picked up. They went upstairs and listened to it, then invited me to listen to it too. It was clear I said the price and the salesman repeated it. They wouldn’t make a decision immediately, but I got a call two days later to tell me they would honour the original quoted price. I must say, I was surprised but very happy
 
This would surely lead an independent observer to think there was possibly an error in the pricing? It's a very good price because someone typed in the wrong numbers. £9000 is a big difference.
The argument would be was the price quoted realistic for the goods offered?
How did you reserve the car? Did you put down a deposit?
First i doubted the advertised price, as it advertised both on mercedes main website and styner website for the same price. Then immediately i called and verified with styner's sales agent and he even emailed me 3 photos of car saying it is just arrived and he is happy to help me with purchase. Then only i went ahead and reserved it by paying the deposit they asked online. I got the following reservation confirmation email.
 
"We may cancel the reservation for whatever reason whereupon we will refund the Reservation Fee'' - as a consumer, you could well argue that this is an unfair clause, because it totally negates the meaning of 'reservation'. The clause basically means that nothing has been reserved... To be mage legally valid, the contract should have been named differently, not a 'reservation' (maybe 'Letter of Intention' etc). But do you really want a legal fight? The car will be long sold to someone else by the time the issue is resolved, and in a best case scenario you'll be awarded some compensation which may or may not cover your legal costs. Your call.... Life it too short. Name and shame them and move on, that would be my advice.
Name & shame? how giving a negative review on trust pilot and google??
 
First i doubted the advertised price, as it advertised both on mercedes main website and styner website for the same price. Then immediately i called and verified with styner's sales agent and he even emailed me 3 photos of car saying it is just arrived and he is happy to help me with purchase. Then only i went ahead and reserved it by paying the deposit they asked online. I got the following reservation confirmation email.
They had a number of opportunities to correct the mistake. With the emails you possibly have a good case but in all honesty I would just ask for my deposit back and move on. There will be another car out there, life is too short to get involved in these arguments.
 
These main dealers are now the pits,I followed a post the other day a new member had a battery go flat because the alternator went down,now a new battery say £100.and a Bosch nater £200 cost of the garage doing this job £700,its all getting crazy
 
I had exactly this situation a few years ago. The error was £4000. I stuck to my guns, but only had a verbal agreement of the price at the time. I pointed out that all calls were recorded by them, it actually says so when the phone is initially picked up. They went upstairs and listened to it, then invited me to listen to it too. It was clear I said the price and the salesman repeated it. They wouldn’t make a decision immediately, but I got a call two days later to tell me they would honour the original quoted price. I must say, I was surprised but very happy
In your case it was lucky. But here they are not willing to talk at all saying the price is 38000. Offered apologies also only after i asked them. Could you please give any advise how we can approach further and is there any point in taking this issue further? Many thanks.
 
I was firm, but polite. It helped that I’d travelled a long way to see the car on the strength of the telephone conversation. It would have been a wasted day otherwise. They could have refused and I probably would have sucked it up. Not worth trying to pursue it further
 
I think you will find that you can also withdraw from the purchase and have your money refunded so the deposit is not much of a commitment by either party.
It sounds like there was a genuine mistake (the value does not move by £9k in days), you spotted that mistake and wanted to take advantage.
You would have a much stronger case if you had paid for the car in full. You are in no worse position than you were before you saw the ad - apart from being a bit disappointed that you have not bagged a bargain.
Just move on they're not going to take a £9k loss on it just to be "nice" to you.
 
I'd walk away out of ease because:
My general consensus of the car retail industry is it's full of wheeling dealing sharks, willing to immorally wriggle out of verbal or legal obligations on the widest range of issues.
Of course, I'm sure there are exceptions, but I've never found one personally in all of the cars bought by me, my wife or parents. I also suspect that this is because as customer facing organisations, they have been burnt a few times by scum punters also trying to trick the car sales organisation, so they feel justified in being the same way with, essentially, every customer that walks through their door.
Specific to Mercedes as an example, is the 'used approved' badge, which by the volume of posts on this forum seems to mean the condition checks that are promised are often just not done, and if the next owner cuts up rough and is persistent enough, then they will relucantly fix stuff that that the buyer finds that should have been caught by the pre-sale condition check. There has also been someone on here this weekend just bought a used Merc, and the dealer is hiding behind the 'sorry you've just bought it, the NOx fault is not covered by the rubbish warranty we gave you' as a distraction tactic whilst not mentioning the fact and trying to avoid the legal obligation to sell a fault free car and therefore the obligation under law to fix pre-existing faults within 6 months of purchase.

All these dealers know that whilst they might not be complying with the law (e.g. renaging on a contract once a deposit (consideration) is paid for a reservation i.e. forming a contract), the consumer will realise the cost of enforcement is too high (unless they are willing to spend not inconsiderable amounts of time, emotion and money).

My advice would be to move on. With car prices falling at the moment, in a few weeks you might find a similar vehicle at the price you are looking to spend.
Good luck and sorry for the rotten issue in this case. I wouldn't blame this dealer specifically; just be mindful that this could have happened anywhere.
 
I'd move on.
If another doesn't turn up in the next few weeks you might find they pick up the phone to you....
 
They had a number of opportunities to correct the mistake. With the emails you possibly have a good case but in all honesty I would just ask for my deposit back and move on. There will be another car out there, life is too short to get involved in these arguments.
This exactly. As I understand it there appears to be no legal requirement for a seller to sell at an advertised price. If I remember correctly the legalise is that the advertised price is referred to as an "invitation to treat". A consumer agrees to pay the price referred to as an "offer" to pay that price. There is no obligation for a seller to accept the offer whether it corresponds to the advertised price or not. But if in fact the seller has deliberately advertised at a low price to get interest (and does it regularly) it is a criminal offence under the Unfair Trading Regulations.

As whitenemesis says move on to the next one.
 
This exactly. As I understand it there appears to be no legal requirement for a seller to sell at an advertised price. If I remember correctly the legalise is that the advertised price is referred to as an "invitation to treat". A consumer agrees to pay the price referred to as an "offer" to pay that price. There is no obligation for a seller to accept the offer whether it corresponds to the advertised price or not. But if in fact the seller has deliberately advertised at a low price to get interest (and does it regularly) it is a criminal offence under the Unfair Trading Regulations.
As you point out, the advertised price is indeed an "invitation to treat" with no legal obligation.
However (as pointed out above by MJ ) the sales contract was entered into by the OP when he offered to pay that offered price. At that stage there was still no legal requirement for the dealership to accept.
Once the dealership accepted the OP's offer (and deposit) both parties had entered into a "Sales contract" which absolutely is legally binding. The fact that the OP has verifiable confirmation in writing from the dealership of all of this, should put him in a very strong position to insist that they honoured their half of the contract as legally required.
However (as also pointed out by MJ ) the t&c's may be sited as their "get out". Nonetheless Terms & Conditions should be intended to clarify the terms of any contract, but are specifically not permitted to circumvent the Sales of Goods act.

Imho it depends on how much you value that £9k disparity. If he were to pursue it doggedly enough, I personally would be very surprised if he was unsuccessful. However I do not expect they would want to to make it easy for him, so doing so may not be a very pleasant experience.?

Seasons greetings.. ;)
 

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