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Signed a sales contract for a car which can't be supplied in the agreed colour - can we void the contract?
Recently we chose a new Volkswagen from the brochure at a main dealer, as the dealer did not have in stock the model we wanted. We also chose the colour of the car from the brochure colour samples and inspected the colours at the dealers. We paid a deposit and signed a contract. Five days later the salesman phoned us to say he had made a mistake and the colour we had chosen is not available on the model we had chosen and that we would have to choose a different colour, but we do not like any of the alternative colours. Could you please tell us how we stand with the contract and deposit?
Asked on 9 August 2012 by TD, via email
Answered by
Honest John
The basic contract is for that car in that colour, so if the colour is not available the contract should be null and void. But the ruling in Johnson v HWM Kingston Count Court 1997 is that, because of the complexity of the production of a car, a dealer can have no control over the final detail specifications of the car as it is built, as these may be affected by changes instituted by the manufacturer, or by a shortage of certain parts. In this case the salesman made a mistake on the order and because this was a mistake rather than a failure by the manufacturer to deliver to the exact specification, I think you can void your contract.
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