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A friend paid a £13k deposit on a new Aston Martin DB9 and was put on the year or so long waiting list. When he went to collect his car a couple of months ago, the price had dropped by 20% but Aston are not willing to reduce his car to the new pricing. Any advice on what can be done and if there is anything legally that can be factored into the negotiation? Please do not publish any hint of my name.

Asked on 4 April 2009 by

Answered by Honest John
Unfortunately, not legally. He can be held to the contract. He entered into a binding contract to pay the full contract price when he paid the £13k deposit. Like a futures broker or a banker he 'futures bought' but came unstuck. There is a case law precedent on this, actually concerning an Aston Martin. Johnson v/s Hersham & Walton Motors, Kingston County Court, nineteen ninety something. That case partly hinged on the substantial size of the deposit paid and the fact it had been put through the selling dealer's VAT books. This made is part of the purchase price rather than merely a 'deposit' to hold the car for the customer.
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