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BANTAM104



Member Since: 03 May 2011
Location: Germany
Posts: 4

Part Exchange Value

I ordered a new (MY2012) FR2 TD4 HSE in Mar 22, at the time of ordering (thru a non LR Dealer) I was quoted a PX price that was reasonable for my current FR2.

Collection is due in Aug 12, however the dealer has now stated that my PX Value has dropped £1500, and therefore i now owe £1500 prior to collection. My query is can he legally do this, I feel that this is tantamount to entrapment, I have a written quote for the PX Value for Aug 12, furthermore he has stated that if I cancel the order I will owe LR 15% of the value of the new car.

Thanks in advance for any advice

----------------------------------------
FR2 HSE TD4 On Order
Freelander 2 HSE Manual in Sumatra Black.
Currently Own
Audi A4 B8 Avant 1.8TFSI SLine SE

Post #148807 17th Jul 2012 5:17 pm
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chrisinplymouth



Member Since: 26 Mar 2012
Location: Plymouth
Posts: 49

United Kingdom 2012 Freelander 2 TD4 GS Manual Indus Silver

Seek legal advice....sounds to me you have the basis of a legal written contract. 2012 GS
Indus Silver

Post #148810 17th Jul 2012 5:43 pm
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Dave



Member Since: 04 Jul 2007
Location: Somewhere Near You
Posts: 2666

Scotland 2012 Freelander 2 SD4 HSE Auto Indus Silver

Well, time travel really does exist if you can order it in 22, and then come back 10 years to collect it Laughing

On a serious note, what does your written quote state. Does it indicate anywhere that the px price is only valid for a certain amount of time Question

If not, then seek legal advise and pass the contract/written quote to a solicitor for them to read through it and advise of your legal rights. ______________________
2011 Full Fat RR 4.4 TDV8
2012 FL2 SD4 Auto HSE
2013 Kawasaki Versys 650

Post #148813 17th Jul 2012 6:18 pm
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The Doctor



Member Since: 09 Jul 2010
Location: Gallifrey
Posts: 4615

United Kingdom 

If you ordered it on the strength or at least partly on the strength of your quote, and you have it in writing, they are stuffed as far as I can see. I haven't sat here and done some thorough research but a case came to mind straight away. The facts of the case aren't relevant here but the principle is the key.

Storer v Manchester City Council [1974] 1 WLR 1403

Lord Denning MR stated as follows: "The final point was this: Mr. Francis said that the town clerk did not intend to be bound by the letter of March 9, 1971. He intended that the corporation should not be bound except on exchange. There is nothing in this point. In contracts you do not look into the actual intent in a man's mind. You look at what he said and did. A contract is formed when there is, to all outward appearances, a contract. A man cannot get out of a contract by saying: “I did not intend to contract” if by his words he has done so. His intention is to be found only in the outward expression which his letters convey. If they show a concluded contract, that is enough."

Hit them with that and see what response you get. I assume also a deposit was paid. The key to a contract of any kind is offer, acceptance and consideration (money or goods). With these in place there is a legally binding contract.

Go get em! Thumbs Up LL.B (Hons) - University of Derby
LOT (Lord of Time) - University of Gallifrey


Last edited by The Doctor on 17th Jul 2012 6:24 pm. Edited 1 time in total

Post #148814 17th Jul 2012 6:21 pm
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chrisdeeming



Member Since: 29 Dec 2011
Location: Sutton Coldfield
Posts: 828

2007 Freelander 2 TD4 SE Manual Santorini Black

they cant do this! Its not your fault there is a ridiculous waiting time for a new vehicle! The price was given at the time of you purchasing the vehicle! The purchase date for your vehicle was on march the 22nd not todays date ? When I die, I want to go peacefully like my Grandfather did, in his sleep -- not screaming, like the passengers in his car

Post #148816 17th Jul 2012 6:24 pm
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The Doctor



Member Since: 09 Jul 2010
Location: Gallifrey
Posts: 4615

United Kingdom 

HOLD ON A MINUTE!

Just noticed your location is Germany! I assume you live there and have purchased there in which case you need German legal advice. I have just mentioned a Court of Appeal case for England and Wales.

Although common sense leads me to think similar laws and principles would be applied in Germany too.

P.S, in the UK legal system, that mention of owing LR 15% if you cancel would be an aggressive commercial practice contrary to Reg 7 of the Consumer Protection from Unfair Trading Regulations 2008 LL.B (Hons) - University of Derby
LOT (Lord of Time) - University of Gallifrey

Post #148820 17th Jul 2012 6:31 pm
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ad210358



Member Since: 12 Oct 2008
Location: Here and There
Posts: 7464

England 

Doc, priceless Rolling with laughter Rolling with laughter

Post #148825 17th Jul 2012 7:04 pm
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taztastic



Member Since: 03 Feb 2011
Location: North West
Posts: 8652

England 

Ja Liebling. Rolling with laughter

Post #148826 17th Jul 2012 7:10 pm
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npinks



Member Since: 28 Jun 2007
Location: Ls25
Posts: 20090

United Kingdom 

You should have negotiated that the exchange value stood for the delivery date and had this in writing, normally with both agreeing value and the max mileage of your car at that time of delivery, that's what I did and I only had to wait about 3 months

Post #148827 17th Jul 2012 7:17 pm
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Barton Freelander



Member Since: 25 Aug 2008
Location: Barton Seagrave, Kettering.
Posts: 519

United Kingdom 2008 Freelander 2 TD4 GS Manual Lago Grey

npinks wrote:
You should have negotiated that the exchange value stood for the delivery date and had this in writing, normally with both agreeing value and the max mileage of your car at that time of delivery, that's what I did and I only had to wait about 3 months

+1 this is what i have done will my Evoque order. Freelander2 GS TD4 Manual in Lago Grey Smile .Roof Mount DVD 9.2''Screen~Window Tints~Parrot CK3100 Bluetooth~Retro Fit Sony Satnav~iPhone Dashmount~Side Steps~Woodco Armrest~Mudflaps~Land Rover Sunglass Holder~LED Interior Lights~Private Plate.Evoque Collected 17th Sept 2012.


Also Audi TT Roadster.Smile

Post #148828 17th Jul 2012 7:26 pm
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D99



Member Since: 08 Mar 2011
Location: UK
Posts: 386

England 

just tell them you plan to cancel the deal, they will soon change their tune if they are serious! they should have considered this and taken yours off you and given you a courtesy car to use so they could sell yours if this is true!
personally i think they are taking the p Censored ss!

Post #148855 17th Jul 2012 11:03 pm
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dunroof



Member Since: 24 Nov 2010
Location: <> Yes, still being stalked by another member!
Posts: 1785

Thumbs Up

Post #148866 18th Jul 2012 7:25 am
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