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Thread: Is a vehicle offer and sale agreement legally binding?

  1. #31
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    Quote Originally Posted by Mom View Post
    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
    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

  2. #32
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    Quote Originally Posted by onearmedbandit View Post
    I was a car dealer for 10yrs, .........................

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

  3. #33
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    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?
    To see a life newly created.To watch it grow and prosper. Isn't that the greatest gift a human being can be given?

  4. #34
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    Quote Originally Posted by triumphnz View Post
    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.
    Last edited by fuknKIWI; 13th February 2011 at 15:18. Reason: Typo

  5. #35
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    Quote Originally Posted by FROSTY View Post
    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.
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  6. #36
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    Quote Originally Posted by triumphnz View Post
    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.
    I thought elections were decided by angry posts on social media. - F5 Dave

  7. #37
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    Quote Originally Posted by FROSTY View Post
    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.
    I thought elections were decided by angry posts on social media. - F5 Dave

  8. #38
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    Quote Originally Posted by FROSTY View Post
    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

  9. #39
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    Quote Originally Posted by Max Preload View Post
    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!

  10. #40
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    Quote Originally Posted by Scouse View Post
    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?
    To see a life newly created.To watch it grow and prosper. Isn't that the greatest gift a human being can be given?

  11. #41
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    Quote Originally Posted by yachtie10 View Post
    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.
    To see a life newly created.To watch it grow and prosper. Isn't that the greatest gift a human being can be given?

  12. #42
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    Quote Originally Posted by FROSTY View Post
    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...
    If it wasn't for a concise set of rules, we might have to resort to common sense!

  13. #43
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    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 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?

  14. #44
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    Quote Originally Posted by Max Preload View Post
    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.
    To see a life newly created.To watch it grow and prosper. Isn't that the greatest gift a human being can be given?

  15. #45
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    Quote Originally Posted by triumphnz View Post
    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.
    To see a life newly created.To watch it grow and prosper. Isn't that the greatest gift a human being can be given?

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