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Don't hate me - genuine Brexit related purchase question

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Old Feb 17th, 2019, 13:08   #11
AB-UK
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Originally Posted by ergonomist View Post
Just dug out the new car paperwork for my XC90. The Ts & Cs clearly stated that VAT would be charged at the rate in force at the time of delivery (completion of the contract).

It also stated that if Volvo increased the recommended price before delivery the dealer could pass on that increase and I would only have the right to cancel the contract (with lots of legalise and caveats around the wording). It didn't allow me to hold the dealer to the original agreed price (interestingly, it also worked the other way - if Volvo reduced the price between order and delivery and the dealer didn't offer me the full reduction, I could also have cancelled the order). Consumer Rights Act would not have been contravened.

One has to be careful with contracts not to read into them what we want the situation to be rather than what it actually is.
That will be quite a concern for those of us who have to buy privately.
As a previous poster noted, on a top spec car that could mean many £000s on top of what you might have budgeted for. If the only option is to cancel the order you would be left looking for a cheaper alternative, and an even longer wait for a new car.
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Old Feb 17th, 2019, 14:42   #12
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Consumer Rights Act would not have been contravened.
If you have a signed contract with the price on it they have to legally adhere to that price, regardless of what they make you sign (barring you signing a revised order with the higher price on it being accepted :-)). Would you take them to court to find out? I doubt they'd let it get that far.

Then again it depends what you've signed and how far you're willing to push it. If they didn't come good on the actual sale and you went to court and you had a signed sale contract you could definitely reclaim costs and other fees - possibly the difference to buy the car elsewhere.

http://www.legislation.gov.uk/ukpga/...ntents/enacted

Don't let the dealership plough their Ts and Cs at you, our laws trump businesses Ts and Cs.

Send emails to Dealer Principal and Finance Manager instead of phone calls as a first step, have it in writing and go from there. If they're your local dealer you might want to compromise to keep the relationship with them, etc.
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Old Feb 17th, 2019, 16:03   #13
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First - I'm not a lawyer ...

But again - be careful. For most dealers, I believe the contract is an agreement to buy a car at a future date - it's not a sale in itself. It's therefore entirely within their right to specify how the price might change before delivery - and they acknowledge that if it does change then you have the right to terminate the contract. All of that is entirely legal and compliant with the CRA. Also (and again, from the Ts&Cs from my dealer), they explicitly exclude liability for costs incurred if the contract is terminated (they do have to give you notice of any change). We may not like the Ts &Cs - but if we've accepted them unchanged by signing the contract then we are bound by them. The message is to agree a variation to them before signing (eg that the price is fixed).

Where you have leverage is that the dealer doesn't want you to terminate the contract and leave them with an unsold car, and hence may well absorb some or all of any price increase. But they are not legally obliged to do so.
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Old Feb 17th, 2019, 17:20   #14
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Porsche have just issued an advisory that there may be a 10% surcharge after Brexit.

https://www.bbc.co.uk/news/business-47270616
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Old Feb 17th, 2019, 20:24   #15
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Originally Posted by ergonomist View Post
First - I'm not a lawyer ...

But again - be careful. For most dealers, I believe the contract is an agreement to buy a car at a future date - it's not a sale in itself. It's therefore entirely within their right to specify how the price might change before delivery - and they acknowledge that if it does change then you have the right to terminate the contract. All of that is entirely legal and compliant with the CRA. Also (and again, from the Ts&Cs from my dealer), they explicitly exclude liability for costs incurred if the contract is terminated (they do have to give you notice of any change). We may not like the Ts &Cs - but if we've accepted them unchanged by signing the contract then we are bound by them. The message is to agree a variation to them before signing (eg that the price is fixed).

Where you have leverage is that the dealer doesn't want you to terminate the contract and leave them with an unsold car, and hence may well absorb some or all of any price increase. But they are not legally obliged to do so.
Again with the proviso I'm not a lawyer as well, if you sign a vehicle order form without anything exotic like finance, etc to muddy the waters attached to it, then contractually that is binding.

Like mobile phone companies and most other companies they will drown you in their own Terms and Conditions but they don't trump our laws.

Ultimately the dealer doesn't have to sell you the vehicle you signed a contract for, you can't force him to, but you can then take him to court off the back of him not selling you that car and the CRA and previous case law would back you pretty firmly in being able to do so (with the caveat that you haven't signed any further contract at a later date to accept any price changes).

As per above, would you want to do that? Or would it stop long before that with some sort of compromise between the two parties? I don't know but legally your rights trump the terms and conditions the dealership thrust upon you, in England and Wales at least, not sure how much Scotland differs to our laws!
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Old Feb 18th, 2019, 11:12   #16
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The question I have for anyone in the know is if you sign a deal to purchase or lease a car now for a fixed price, does that price have to be honoured if the vehicle is delivered post brexit?
Yes because you are doing a contract when you buy a car.
At least according to European rules, when you give an amount for the entry you are sealing a contract.
They can break the contract by not selling you by the price you bought but then they have to return more than the amount you already paid.

Post brexit i have no clue how that will work because UK will be outside these normal rules and regulations that protect the consumers.
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Old Feb 18th, 2019, 11:27   #17
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If there is an increase of 10% in the retail price, then it's reasonable to assume that the prices of used vehicles would also increase, as there is clearly a relationship between new car prices and used car prices. It may take slightly longer to filter through, but if the supplier is wanting to increase the cost of the new vehicle then they should also look at revaluing any part exchange included in the deal.
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Old Feb 18th, 2019, 17:53   #18
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Originally Posted by Dippo View Post
If there is an increase of 10% in the retail price, then it's reasonable to assume that the prices of used vehicles would also increase, as there is clearly a relationship between new car prices and used car prices. It may take slightly longer to filter through, but if the supplier is wanting to increase the cost of the new vehicle then they should also look at revaluing any part exchange included in the deal.
The r.o.e sterling to other currencies is expected to drop significantly. So prices foreign cars will rise as a result of that as well
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Old Feb 18th, 2019, 18:04   #19
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The question is who cares?

But one now or visit the show room inApril,

That is what I would do.
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Old Feb 20th, 2019, 10:07   #20
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Thanks for the replies, one more thing does anyone know when Model year 2020 specification is released?
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