Hi, I need some help guy's, I placed an order for a new 2.0TDI L&K hatch last thursday with a dealer I have used for the past 5 years and 2 octavia's. I currently have an octy with them on finance, we agreed a p/x price and the difference that was left after the finance is used as the deposit on the L&K. I never tried to bring down the new price of the L&K and never pushed on the finance or the p/x price (silly I know but I was happy with the deal). Anyway I ordered the L&K in Silver the guy told me I would have to wait till at least the end of June as none were built yet, he also saidthat any further payments made on my car will be taken off the new one/added to the p/x value of mine. Anyway I was fine about that and left with the signed paperwork for the prices on my car and the new one. On Saturday I popped into another Skoda dealer and they had a L&K in Storm Blue with the light grey leather interior and I preferred that over the Silver. So today I called my dealer and asked if I could change the colour to storm blue with the light grey interior, which he was fine on, he then mentioned something about getting it before the end of July. I said was it too meet their targets or something and he said NO its because the value of my car would be less, I then told him that we had agreed a price and signed on it. He said thats ok coz I still have a couple of payments to make on my old car before I get the new one and it should be ok. Now I'm not sure but I think he means to use the payments I make on my old car to make the difference up in the value of my current one, I don't think thats right but some help and advice would be much appreciated

I imagine what happened is that the P/X price he agreed with you was at a point when he would deliver the new car. Eg his bid was artificially lower than current book value on your vehicle. The finance payments that you continue to pay in the interim would lower the finance settlement on your car, hence in theoretical terms increasing the residual value that you have in your car, and increasing the available deposit for the new one..

Many thanks for your reply, I agree with you but my concern was when he mentioned that if he couldn't get the new car before the end of July my current cars value would decrease even though we have agreed a p/x price with it. Surely if the dealer is unable to deliver a car that was ordered by his date then why should I suffer a loss against the value of my current car ?

When I purchased a new Octy last year, I tried my local dealer in Peterborough first and got a part exchange price on my then, Fabia estate. They gave me the then current book price, but as it could take upto 3 months before the new car wouild be ready, they would only give me book price as and when, they wouldn't commit to a price there and then - which I guess is the way most dealers work.

The fact they would not budge on the price of a new Octavia made my mind up to look elsewhere.

In the end, I got a great deal on a new Octy II Elegance (almost a grand off list price) and got book price for my Fabia estate which was the price when the swap took place.

Happy with all that I was, until someone mentioned on this board that the dealer I was dealing with had gone bust. Thankfully, with the help of Skoda UK and Sparshatts of Fareham, everything stayed in tact and I got the same deal through them.

Personally, there is ways to get good part exchange prices, but most dealers do stick to the glass' guide and most will not budge. The only way to deal with that is take your money elsewhere.

However the dealer determined the price/offer it appears that a deal was concluded on the silver car. Strictly, a contract was entered into which both parties were happy with. Now, one party (the buyer) wants to change the deal. Appears to me that the other party (the dealer) can hold the buyer to the contract that was entered into or in an attempt to keep the business can renegotiate BUT that is re-negotiation. I don't think the dealer is obliged to re-negotiate. He may choose to in order to keep the goodwill.

This, I regret, appears a harsh lesson in being sure you are comfortable with whatever you sign up for. Changing your mind later can prove expensive. Not every trader will allow contracts to be cancelled without cost implications.

I know that is probably not what you need/want to hear but that's my view. I would have a read of the contract under "cancellation rights" and see what it says about cancelling the deal.

Georgef, I appreciate your feedback, at the time of me changing the colour of the ordered car the Dealer openly admitted that he hadn't placed the order with Skoda at that time but he was looking a lead times for when the car could be built by. Surely with this in mind I should not suffer. Also I never cancelled the contract I only changed the colour and at the time of signing the paperwork there were no cars of the spec I wanted or colour (at that time) available from the factory or in the country.

Georgef, I appreciate your feedback, at the time of me changing the colour of the ordered car the Dealer openly admitted that he hadn't placed the order with Skoda at that time but he was looking a lead times for when the car could be built by. Surely with this in mind I should not suffer. Also I never cancelled the contract I only changed the colour and at the time of signing the paperwork there were no cars of the spec I wanted or colour (at that time) available from the factory or in the country.

I agree. if the order hasn't been placed and you were not cancelling the contract, then the dealer should not change anything in relation to the contract you entered into.

I wonder why though, he tells you end of june one day and end of July the next when he still hasn't put the order in?

I would have thought a brand new car being ordered a few days ago would struggle to arrive before the end of June anyway.

Yes I thought it was a little strange that he said end of June one day then the end of July the next. I must admit I've never had any issues with the dealer and I've bought 2 Octavia's from that garage in the past 5 years and have been really happy with both deals as I am and hopefully still are with this one. I will clarify it all with him once he's confirmed the delivery date of the car. Many thanks for all your comments guy's, much appreciated

I disagree. The contract entered into was for a silver car. The buyer now wants a blue one. That is a change in the contract. The contract was not "supply me with a car" but supply me with a silver car and I will pay you a price made up of my car plus some money". As I understand it, cars of a particular colour are built in batches then different colours are made or is that me being daft? In any event, even though the dealer hasn't placed an order with his supplier he can still properly argue he has lost out - if the buyer doesn't go through with the deal cos he has found a better arrangement elsewhere. If the contract is changed to supplying a blue car there shouldn't be much difficulty particularly as the dealer hasn't placed an order with the supplier but I remain of the view that the contract was concluded with the dealer and he has the "whip hand".

As I understand it, cars of a particular colour are built in batches then different colours are made or is that me being daft?

Many years ago that was how the cars were built, as they had to change all the paint equipment to change from one colour to the next, but most manufacturers are building each car to order, and can swap from one colour to the next very easily, so I doubt the change of colour would cause a month's delay - chances are either they knew they would have a silver one available next month due to a pre-order (with the ability to change the spec, but the colour was frozen as it's so close), or (and much more likely) the dealer counted his weeks wrong, and said the wrong month.

I disagree. The contract entered into was for a silver car. The buyer now wants a blue one. That is a change in the contract. The contract was not "supply me with a car" but supply me with a silver car and I will pay you a price made up of my car plus some money". As I understand it, cars of a particular colour are built in batches then different colours are made or is that me being daft? In any event, even though the dealer hasn't placed an order with his supplier he can still properly argue he has lost out - if the buyer doesn't go through with the deal cos he has found a better arrangement elsewhere. If the contract is changed to supplying a blue car there shouldn't be much difficulty particularly as the dealer hasn't placed an order with the supplier but I remain of the view that the contract was concluded with the dealer and he has the "whip hand".

If the order had been placed, I would totally agree with you. As it's a case of the dealer has to enter it all onto the computer anyway and changing two words, I don't see how the contract has been broken by either parties.

So in relation to money, things should stand. After all, metallic paint is the same price no matter what colour you buy surely?

But equally, the dealer may have offered a better deal because he's already got a silver one coming in on order, so by changing the colour he can't get the same deal on his purchase of the car in the first place (by being a month later the price to him might be higher for example)...

I can see it both ways (although if he has given a verbal agreement it would be a brand new factory order just for you, then he can't have much of a leg to stand on - the last time I was in my local dealer, they even had a little card showing how late in the factory order process you could change model, colour, trim and options...)