Is a vehicle offer and sale agreement legally binding?

[triumphnz]

as far as agreed upon price and trade in value etc.

[Mom]

as far as agreed upon price and trade in value etc.

Short answer, yes, longer answer, depends. Was it signed?

[Max Preload]

Yes. But whether it's worth enforcing is another matter entirely.

[blackdog]

Short answer, yes, longer answer, depends. Was it signed?

+1

in regards trade in value, if the condition of the vehicle was different to as described or viewed when the VOSA was signed compared to when it was handed over that would constitute a reasonable reason to amend the agreement

[triumphnz]

thanks signed up to buy vehicle and dealer has rung back and said mistake made we put down a $1000 too much on the value on your trade in have already done the document with both me and dealer signature and also done finance of the balance throught the dealer this is a day later and want me to re do paper work.

[yachtie10]

thanks signed up to buy vehicle and dealer has rung back and said mistake made we put down a $1000 too much on the value on your trade in have already done the document with both me and dealer signature and also done finance of the balance throught the dealer this is a day later and want me to re do paper work.

Why would you let him change it?

[Mom]

thanks signed up to buy vehicle and dealer has rung back and said mistake made we put down a $1000 too much on the value on your trade in have already done the document with both me and dealer signature and also done finance of the balance throught the dealer this is a day later and want me to re do paper work.

I used to own a shop. I have eaten "mistakes" made by staff on paperwork to maintain goodwill.

What did they tell you they were paying for the trade? Is it the same as the figure on the paper? You have a responsibility to READ anything before you sign it. Do the figures match?

[triumphnz]

i have not changed it they want me to fork out an extra 1k

[bogan]

thanks signed up to buy vehicle and dealer has rung back and said mistake made we put down a $1000 too much on the value on your trade in have already done the document with both me and dealer signature and also done finance of the balance throught the dealer this is a day later and want me to re do paper work.

Don't worry about wearing out the . or , keys now, they will outlast the spacebar anyway :bleh:

If I understand that correctly, the paperwork has a value and is signed by both parties, sounds like a done deal to me!

[triumphnz]

I used to own a shop. I have eaten "mistakes" made by staff on paperwork to maintain goodwill...

the papaer work on the vosa and finance all match they are not happy with the price they put down sign by the dealer all done cant belive it said they made a mistake.

[triumphnz]

I used to own a shop. I have eaten "mistakes" made by staff on paperwork to maintain goodwill.

What did they tell you they were paying for the trade? Is it the same as the figure on the paper? You have a responsibility to READ anything before you sign it. Do the figures match?

Yes they match . i was happy with the deal done .

[Mom]

i have not changed it they want me to fork out an extra 1k

Hmmmmm, if I were closer I would visit the shop with you.

They made a verbal offer you accepted? Deal done.

They fill in paperwork reflecting the done deal?

They ring to say they want to change the done deal?

That comes to a great big :motu:

[spookytooth]

Take a egg in with you when you go back and tell him to suck it

[blackdog]

the papaer work on the vosa and finance all match they are not happy with the price they put down sign by the dealer all done cant belive it said they made a mistake.

sounds to me like the dealer got the wholesaler/auction price for your trade AFTER giving you the price he thought it was worth

up to you if u want to cut him any slack i reckon, but if it comes down to a legal argument you're coming up smelling roses

[triumphnz]

thanks :woohoo:

[blackdog]

Hmmmmm, if I were closer I would visit the shop with you.

They made a verbal offer you accepted? Deal done.

They fill in paperwork reflecting the done deal?

They ring to say they want to change the done deal?

That comes to a great big :motu:

+1 again...

[Smifffy]

Sounds to me like they made a mistake filling in the trade in value of your car.

Sounds to me like that mistake just cost em $1000.

I think you'd also be well within your rights to tell 'em if they want to nullify the VOSA, they can forget the entire deal, see how they like them apples.

Also tell 'em not only are you not going to let 'em stiff you for a grand, but also you are going to tell everyone you know, and the internet at large that they tried it on.

[bsasuper]

Dealer is taking you for a ride, stay with the original paperwork, and tell them its their bad luck.

[phill-k]

thanks signed up to buy vehicle and dealer has rung back and said mistake made we put down a $1000 too much on the value on your trade in have already done the document with both me and dealer signature and also done finance of the balance throught the dealer this is a day later and want me to re do paper work.

In short tell him to fuck off, their only recourse would be to take you to the disputes tribunal, and it is doubtful a car dealer would win that little fuck up - if it is in fact really a fuck up and not a potential shafting

[Mom]

Is this a car we are discussing? :shit:

Same advice!

[Crasherfromwayback]

as far as agreed upon price and trade in value etc.

If they told you what the trade value was going to be, then signed all paper work for the same value, they have no come back asking you to accept less.

If they actually offered you (for example) 5k, then accidently signed it up as 6k, whilst they still don't really have a leg to stand on, it's up to you to honestly acknowledge it was an honest 'write up' error, or make them own the mistake regardless.

[onearmedbandit]

I was a car dealer for 10yrs, and from what you've described they are screwed.

[Max Preload]

thanks signed up to buy vehicle and dealer has rung back and said mistake made we put down a $1000 too much on the value on your trade in have already done the document with both me and dealer signature and also done finance of the balance thought the dealer this is a day later and want me to re do paper work.Covered by the Contractual Mistakes Act if it was a genuine mistake. If however he verbally agreed to the amount written, it would be difficult to prove it was an error although it's a case of whose word.

But again... is it worth pursuing? Just cancel the agreement with the consent of both parties and start over.

[triumphnz]

its a ute told them i had been offered by another dealer and 14 cash private and 701 at i wanted better thsn the other dealer to do the deal if they wanted my money . the offered me 12 and i turned them down and said you need to do better or i might as well go else were and buy lower kms for 2 k more had cash to pay out right for it which i also told theed

[triumphnz]

its a ute told them i had been offered by another dealer and 14 cash private and that i wanted better thsn the other dealer to do the deal if they wanted my money . the offered me 12 and i turned them down and said you need to do better or i might as well go else were and buy lower kms for 2 k more had cash to pay out right for it which i also told theed

computer stuffed out

all along i told them i wouldmt do 12k cars only done 80,000kms might as well keep it and do 120kms and still get 12k for it.

[FJRider]

computer stuffed out

all along i told them i wouldmt do 12k cars only done 80,000kms might as well keep it and do 120kms and still get 12k for it.

So it would seem of your grasp of the english language ...

[BMWST?]

You have right of refusal up to 7 days....they dont.It sounds like a mistake which they will have to live with.Be nice about it,no need to rub salt in the wound.Perhaps give them the opportunity to give you a price on some extras....

[triumphnz]

So it would seem of your grasp of the english language ...

keyboard has issues, like my triumph.

[wysper]

Why would you let him change it?


I used to own a shop. I have eaten "mistakes" made by staff on paperwork to maintain goodwill.



From both sides I guess the reason to change would be if either wanted to be building a long term relationship with the other over vehicle deals.

If the dealer made a genuine mistake I might consider talking to them and maybe splitting the difference.

But really sounds like they are stuffed legally. Up to you really. I guess you can force the deal or walk away. I guess if you force the deal they may not ever want you to go back to them again. If they are trying to screw you, I guess you wouldn't want to go back to them either!

Your call.

[blackdog]

Sounds to me like that mistake just cost em $1000.

I think you'd also be well within your rights to tell 'em if they want to nullify the VOSA, they can forget the entire deal, see how they like them apples.



If the gross profit in the deal was $1500-2000 before a $1k cock-up you'll probably find they will be less upset if you walk rather than having to honour the contract

[scott411]

Hmmmmm, if I were closer I would visit the shop with you.

They made a verbal offer you accepted? Deal done.

They fill in paperwork reflecting the done deal?

They ring to say they want to change the done deal?

That comes to a great big :motu:

i was under the impression that a verbal contract is only enforceable if something changed hands, ie the deposit, or the vehicle,

in this case the dealer does not have a leg to stand on, by the sounds it was not even a mistake in the paperwork (which i have had to wear before)

the VOSA is an enforceable contract, don;t pay any extra

[paulmac]

I was a car dealer for 10yrs, .........................


And your user name is One armed Bandit !! Is it only me that finds this mildy ironic ??

[FROSTY]

All I can say is --Shoe on other foot.
Would you all be saying the same thing if the mistake was the other way round?
If the OP had sighned up and later realised he had stuffed up by 1k?

[fuknKIWI]

as far as agreed upon price and trade in value etc.

In theory contract law is very simple, it has 3 parts.
Offer, acceptance & consideration, these 3 parts make a binding contract.

[yachtie10]

All I can say is --Shoe on other foot.
Would you all be saying the same thing if the mistake was the other way round?
If the OP had sighned up and later realised he had stuffed up by 1k?

really? I sort of understand where you are coming from but
if the dealer had agreed and paid less for the trade. then realised he would have paid more. Do you think he would be coming forward to give him more?

I would like to think so but I bet its a very small percentage who would

I actually think someone is missing out on a commission so is trying to change the deal.

[HenryDorsetCase]

i have not changed it they want me to fork out an extra 1k

you need to be talking to the owner of the business. It might be worth threatening to do the RMVT complaints thing etc etc. (Having said that I have no idea as to whether this would be covered etc). It is within Disputes Tribunal jurisdiction.

[HenryDorsetCase]

All I can say is --Shoe on other foot.
Would you all be saying the same thing if the mistake was the other way round?
If the OP had sighned up and later realised he had stuffed up by 1k?

Sure, but what "mistake" is there here, except for a dealer deciding subsequently to a deal being signed up, that the price was "wrong"? I think our OP has pretty good grounds to dispute this personally.

As for your point about dealers making mistakes, sure, we all do, but something as fundamental as this? If ithe dealer's staff fucked it up, the business eats it, like every business.

[Scouse]

All I can say is --Shoe on other foot.
Would you all be saying the same thing if the mistake was the other way round?
If the OP had sighned up and later realised he had stuffed up by 1k?Fuck off Frosty we all Know you are a shady dealer that will take the first opertunity to screw some poor shmuk over

[fuknKIWI]

Yes. But whether it's worth enforcing is another matter entirely.
It could be lot of fun if you turned up with a "few" bikes.... and the money!

[FROSTY]

Fuck off Frosty we all Know you are a shady dealer that will take the first opertunity to screw some poor shmuk over
hey --you into sex n travel? :sick:

[FROSTY]

really? I sort of understand where you are coming from but
if the dealer had agreed and paid less for the trade. then realised he would have paid more. Do you think he would be coming forward to give him more?

I would like to think so but I bet its a very small percentage who would

I actually think someone is missing out on a commission so is trying to change the deal.
Nahh more like a salesman agreed to a deal without running it past the person who actually makes the decision. It'll be interesting to see what the outcome of this one is.
Incidently I had a cheapy car for sale YESTERDAY at (I thought) $1999 but for some reason I put $1199 on it. Someone came in and said they'd buy it.
Even though it was only a window sticker (not CIN card or VOSA) I still honoured the price.

[Max Preload]

All I can say is --Shoe on other foot.
Would you all be saying the same thing if the mistake was the other way round?
If the OP had signed up and later realised he had stuffed up by 1k?All? My position would be no different. But I'm sure most car dealers wouldn't allow a renegotiation...

[triumphnz]

day one went to dealer checked out ute they looked at my car told them holden offered 12k turned them down been offered 14k private they offered me 12k later in the day over the ph said no need to do better than that or ill go to holden and buy the newer model with less kms mines a 2000 ss 80,000km utes newer same kms rung next day wanted me to come in came down looked at the ute again started talking said i wanted 13km for mine he askes me how much you want to pay i said 25, came back with 25,500 deal done
signed paper work waiting on some touch up paint etc to be done to it pick up next week fine .get missed call next day ring dealer no one knows we will ring you back salesman rings all apologetic and says we made a mistake you need to came in and re do paper work i said no thats what i thought the deal was , they said no we only offered you 12k for the car . I did not think i was getting anything that i was not entitled to. at the end of the day i can:facepalm: pay the extra 1k but its the princaple , i thought the deal was what was on the paper work i signed and checked, the whole thing has soured the deal in my mind. At the end of the day you could split it down the middle , but should i have to?

[FROSTY]

All? My position would be no different. But I'm sure most car dealers wouldn't allow a renegotiation...
YEA RIGHT.--Dude theres the airy fairy in theory world and then theres the real world.
In the real world you can say "hey you sighned and agreed to this deal" but if no money has yet changed hands the punter just walks away. Yea you "could" get all shitty about it and even try to enforce the agreement but what have you achieved?
A pissed off"customer" who aint ever gonna buy another car from you and most likely will tell his mates what a ripoff artist you are.
which totally fucks your head space for dealing with the next bunch of customers so you end up loosing them too.

[FROSTY]

day one went to dealer checked out ute they looked at my car told them holden offered 12k turned them down been offered 14k private
hey dude I have to ask --and not being critical of ya I just need to know.---WHY diddn't you take the 14k CASH offer and run?
In your shoes I'da taken the 14k and gone in and screwed the dealer down for the best cash deal he can do. Heck even if it only matches the trade in deal money wise you are $1k -$1500 better off
If its a franchise dealer then an 11 year old car might not be all that desireable to em.

[triumphnz]

hey dude I have to ask --and not being critical of ya I just need to know.---WHY diddn't you take the 14k CASH offer and run?
In your shoes I'da taken the 14k and gone in and screwed the dealer down for the best cash deal he can do. Heck even if it only matches the trade in deal money wise you are $1k -$1500 better off
If its a franchise dealer then an 11 year old car might not be all that desireable to em.

didnt want to be fucked around as had it before, guy was in another town and the ute was quick and easy and it was the day before i first saw the ute i got the offer on the car the 1k wasnt worth the hassle i work 24/7 and dont have the spare time to be fucked around bad enough dealing with the dealer, thought it would be in and out and done.

[triumphnz]

dealer accepted the deal ,ang first thing this morning by the manager. thanks to everyone for the advice.

[Hawkeye]

A good outcome on your part. And big :niceone: to the dealer for honoring the deal.

[Smifffy]

Somehow I imagine that a certain salesman will be reamed for

a. Screwing up the deal
b. Screwing around the customer

[Max Preload]

YEA RIGHT.--Dude theres the airy fairy in theory world and then theres the real world.So you reckon you know better about what I'd do than I actually do? Bullshit you do.

[FROSTY]

So you reckon you know better about what I'd do than I actually do? Bullshit you do.
Do you work for the mass media by any chance? Quoting totally out of context. or should I say you have the wrong end of the stick.
I'm refering to what a dealer does/has to do in the real world. Of that I have a little bit of experience
It has no reference to what you may or may not do -How could I know what you would or wouldn't do?

[Waikato Yamaha]

Glad to hear it worked out.

But if you read the terms and conditions on the back of the VOSA you will see this.

11. ALTERATIONS IN PRICES: The Motor Vehicle Traders prices may be altered at any time and all goods, components and parts therefore, and other products are sold subject to the prices ruling at the time of delivery. In the event of the total gross cost on the date of delivery being greater than that shown on the face hereto this Order shall be construed as if the total gross cost at the date of delivery was substituted for the total gross cost shown on the face hereto. In any such event the Purchaser shall have the option within 24 hours of receiving notification of such price increase of cancelling the Order and having the cash deposit refunded and the Trade-in (if any) returned, provided that where the Trade-in has been sold or otherwise disposed of the Purchaser shall be entitled only to the amount set out on the face hereto as the allowance on the Trade-in in lieu of its return.

[Coldrider]

Glad to hear it worked out.

But if you read the terms and conditions on the back of the VOSA you will see this.

11. ALTERATIONS IN PRICES: The Motor Vehicle Traders prices may be altered at any time and all goods, components and parts therefore, and other products are sold subject to the prices ruling at the time of delivery. In the event of the total gross cost on the date of delivery being greater than that shown on the face hereto this Order shall be construed as if the total gross cost at the date of delivery was substituted for the total gross cost shown on the face hereto. In any such event the Purchaser shall have the option within 24 hours of receiving notification of such price increase of cancelling the Order and having the cash deposit refunded and the Trade-in (if any) returned, provided that where the Trade-in has been sold or otherwise disposed of the Purchaser shall be entitled only to the amount set out on the face hereto as the allowance on the Trade-in in lieu of its return.That is a good way of preselling someones trade in with profit and then jacking up the purchase price so the deal does not go through.
Beats needing floorstock.

[Max Preload]

All I can say is --Shoe on other foot.
Would you all be saying the same thing if the mistake was the other way round?
If the OP had signed up and later realised he had stuffed up by 1k?
All? My position would be no different. But I'm sure most car dealers wouldn't allow a renegotiation...

YEA RIGHT.--Dude theres the airy fairy in theory world and then theres the real world.
In the real world you can say "hey you sighned and agreed to this deal" but if no money has yet changed hands the punter just walks away. Yea you "could" get all shitty about it and even try to enforce the agreement but what have you achieved?
A pissed off"customer" who aint ever gonna buy another car from you and most likely will tell his mates what a ripoff artist you are.
which totally fucks your head space for dealing with the next bunch of customers so you end up loosing them too.

So you reckon you know better about what I'd do than I actually do? Bullshit you do.
Do you work for the mass media by any chance? Quoting totally out of context. or should I say you have the wrong end of the stick.
I'm refering to what a dealer does/has to do in the real world. Of that I have a little bit of experience
It has no reference to what you may or may not do -How could I know what you would or wouldn't do?


Nothing's out of context. You seem to have lost yourself in your own illiteracy.

[AllanB]

Glad it came ouot OK.

Last year when I was car hunting I go so sick of bullshit trade prices - as in I test drive while they look over my trade etc. I get back and we agree on a trade price. I go home and sleep on it - next day I start talking turkey and when it comes to the trade price on paper and it is a grand short- 'oh we overinflated that and can't really give you that for it".

Consquently I walk as we are a grad apart. Lying fuckers.

Finally did a deal with a straight talking realistic dealer and I've recommended them since.

Next time around I think I'll take a voice recorder with me!