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Old 24.06.2020, 16:36
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Seller wants to raise car price after signed contract of sale

Hi all I need some advice.

I agreed to purchase a car from a swiss private seller for 22 100 - advertised price, with the clause that he will deliver the car after doing a service.

I sent him 2100 - as a reserve with the contract stating that I will pay the rest when he delivers.

I went ahead and found insurance, 1600- or so.

Now he phones me and tells me he wants to either increase the price to 24000- or cancels the sale.

2 questions

- can he cancel the contract like that if he refunds me the reservation fee?
- can I cancel the insurance I agreed for the car, I only got it signed yesterday?

Thanks all for your opinions
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Old 24.06.2020, 18:40
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Re: Seller wants to raise car price after signed contract of sale

One more thing, a friend of mine familiar with EU law advised me to pay the remaining sum of 20 000- now and he the seller does not deliver the car by the agreed date (7 July), I can declare the car as stolen
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Old 24.06.2020, 18:41
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Re: Seller wants to raise car price after signed contract of sale

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One more thing, a friend of mine familiar with EU law advised me to pay the remaining sum of 20 000- now and he the seller does not deliver the car by the agreed date (7 July), I can declare the car as stolen
No. Don't do that!
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Old 24.06.2020, 19:05
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Re: Seller wants to raise car price after signed contract of sale

The cars is only yours once it is delivered. Non delivery is not theft but fraud and/or embezzlement. It is also not wise to go to the police and specifically say "I want to report this crime" but better "this and that happened please investigate if a crime may have been committed such as ....".

Doubtful if the police will do anything as non delivery ist first and foremost a civil law and not a criminal law mater. First you would have to put the seller officially and formally in arrears (using a registered letter) and demand the delivery of the goods by such and such date.

If the delivery of the goods is officially denied or the the goods not delivered by the set date you might make replacement purchase and reclaim the extra cost (but only if there is any) from the defaulting seller.

You might write the seller the a contract according the Swiss Code of Obligations is binding for both sides, there is no obvious reason to rescind the contract, and it cannot be changed by one party alone. That you hope that they will full fill there contractual obligation and if there is a non delivery you would seek compensation to the full extend permitted by Art. 102 ff. Code Of Obligations and bring matters before the court as necessary.
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Old 24.06.2020, 19:06
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Re: Seller wants to raise car price after signed contract of sale

Propose the seller that he can buy the car back for 23500
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Old 24.06.2020, 19:37
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Re: Seller wants to raise car price after signed contract of sale

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Propose the seller that he can buy the car back for 23500
I was considering asking for 4200 back for the trouble

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The cars is only yours once it is delivered. Non delivery is not theft but fraud and/or embezzlement. It is also not wise to go to the police and specifically say "I want to report this crime" but better "this and that happened please investigate if a crime may have been committed such as ....".

Doubtful if the police will do anything as non delivery ist first and foremost a civil law and not a criminal law mater. First you would have to put the seller officially and formally in arrears (using a registered letter) and demand the delivery of the goods by such and such date.

If the delivery of the goods is officially denied or the the goods not delivered by the set date you might make replacement purchase and reclaim the extra cost (but only if there is any) from the defaulting seller.

You might write the seller the a contract according the Swiss Code of Obligations is binding for both sides, there is no obvious reason to rescind the contract, and it cannot be changed by one party alone. That you hope that they will full fill there contractual obligation and if there is a non delivery you would seek compensation to the full extend permitted by Art. 102 ff. Code Of Obligations and bring matters before the court as necessary.
Thank you very much for the detailed explanation. I got an email from the seller now that his wife had mis-read the amount they had left on the lease and he wants to cover the remaining sum with the sale.

I said that the lease is his concern, not mine and that we have a contract quoting the exact price with both our signitures, as well as e-mail communication on top.

I restrained from quoting the exact article for now Art. 102 ff. Code Of Obligations, I will keep that as ammo when he responds

I just said that I do not agree to cancel the sale or increase the price and that I expect he will deliver the car by the agreed date for the agreed price or I would be happy to meet him in court.



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No. Don't do that!
I also spoke to a couple of Swiss collegues of mine, they were appalled and said what he is doing is very Un-Swiss.
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Old 24.06.2020, 20:01
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Re: Seller wants to raise car price after signed contract of sale

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I also spoke to a couple of Swiss collegues of mine, they were appalled and said what he is doing is very Un-Swiss.
You get people like that in every country. It's got nothing to do with Switzerland.

Are your Swiss colleagues suggesting that Swiss people are more honourable than people from other countries?
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Old 24.06.2020, 20:31
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Re: Seller wants to raise car price after signed contract of sale

My Swiss sister-in-law agreed to buy a flat in Tel-Aviv. When they met to sign, the price was 5k more.


She left.


Later she bought a house in Switzerland.


Such a pity that you paid something in advance..you could have walked away.
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Old 24.06.2020, 21:14
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Re: Seller wants to raise car price after signed contract of sale

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One more thing, a friend of mine familiar with EU law advised me to pay the remaining sum of 20 000- now and he the seller does not deliver the car by the agreed date (7 July), I can declare the car as stolen
You can tell your friend that he never ever again should say he is familiar with EU law, and also give him my thanks for the great laughter
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Old 24.06.2020, 21:15
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Re: Seller wants to raise car price after signed contract of sale

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You get people like that in every country. It's got nothing to do with Switzerland.

Are your Swiss colleagues suggesting that Swiss people are more honourable than people from other countries?

they surely are more demanding as one can see here


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Old 24.06.2020, 21:17
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Re: Seller wants to raise car price after signed contract of sale

The insurance is only valid once the vehicle is registered.

Never registered, nothing to pay.

Tom
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Old 25.06.2020, 09:31
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Re: Seller wants to raise car price after signed contract of sale

I would be wary of pursuing to get the car for the agreed-upon price after these discussions. A person doing what the seller did, being forced to continue with the sale under the contractual obligation, might be inclined to "improve" the car's condition a bit so that (in his mind) his "loss" is "covered". And "improve" can mean a lot of things, from visible ones (a scratched panel here, a broken interior trim there) to others that are harder to trace (such as driving 20km in 1st gear redlined, or adding a bit of diesel in the petrol tank or whatever).

So, give the seller is obviously no the straightest arrow AND that he still has physical possession of the car, are you sure you want to go through with the sale for the sake of saving some money?
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Old 25.06.2020, 10:45
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Re: Seller wants to raise car price after signed contract of sale

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I would be wary of pursuing to get the car for the agreed-upon price after these discussions. A person doing what the seller did, being forced to continue with the sale under the contractual obligation, might be inclined to "improve" the car's condition a bit so that (in his mind) his "loss" is "covered". And "improve" can mean a lot of things, from visible ones (a scratched panel here, a broken interior trim there) to others that are harder to trace (such as driving 20km in 1st gear redlined, or adding a bit of diesel in the petrol tank or whatever).

So, give the seller is obviously no the straightest arrow AND that he still has physical possession of the car, are you sure you want to go through with the sale for the sake of saving some money?
Interesting warning, better ask for the 2100 back and run away.
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Old 25.06.2020, 10:53
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Re: Seller wants to raise car price after signed contract of sale

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I would be wary of pursuing to get the car for the agreed-upon price after these discussions. A person doing what the seller did, being forced to continue with the sale under the contractual obligation, might be inclined to "improve" the car's condition a bit so that (in his mind) his "loss" is "covered". And "improve" can mean a lot of things, from visible ones (a scratched panel here, a broken interior trim there) to others that are harder to trace (such as driving 20km in 1st gear redlined, or adding a bit of diesel in the petrol tank or whatever).

So, give the seller is obviously no the straightest arrow AND that he still has physical possession of the car, are you sure you want to go through with the sale for the sake of saving some money?
Very good points, however, I am happy to take the risk. I will inspect the car and not take it if I see any external damage when he delivers.

I am disappointed as the seller seemed like an uptight guy, we work in a similar industry etc. Money is not really the issue, I'd be happy to spend 5000 CHF to make a point that one cannot slime one's way back out of a contract.
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Old 25.06.2020, 11:35
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Re: Seller wants to raise car price after signed contract of sale

If you really want the car, propose to meet halfway at 23,000.- Otherwise take your money back and cancel the insurance.

If he signed a contract, you could sue him but nobody wants that. Still, what an a-hole.
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Old 25.06.2020, 11:41
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Re: Seller wants to raise car price after signed contract of sale

Maybe it was a genuine mistake. Would you have been interested if the car cost 1900 more? If yes, then consider whether you want to be the kind of person who profits from other's mistakes.

Frankly, either take the money back, or pay up (maybe not the full price). But going legal is likely to cost you more time and effort than it is worth. With no guarantee of winning. It's amazing how an open and shut case becomes less clear cut once it's in court.
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Old 25.06.2020, 11:50
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Re: Seller wants to raise car price after signed contract of sale

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Maybe it was a genuine mistake. Would you have been interested if the car cost 1900 more? If yes, then consider whether you want to be the kind of person who profits from other's mistakes.

Frankly, either take the money back, or pay up (maybe not the full price). But going legal is likely to cost you more time and effort than it is worth. With no guarantee of winning. It's amazing how an open and shut case becomes less clear cut once it's in court.
The point that the depreciation on the car exceeds the deposit & payments made is not the OP's problem. It's quite normal to pay to get out of a lease.
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Old 25.06.2020, 11:57
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Re: Seller wants to raise car price after signed contract of sale

I would have thought a contract is a binding agreement, on both sides. The seller can't ask for more nor can the buyer offer less, unless both sides agree to amend the contract. But why would you?

I have sold cars privately in the past and would never try a stunt like this.
The way I see it, perhaps the service is not covered and that is an additional cost the seller doesn't want to absorb.

Of course the seller should have checked their numbers first.

What kind of car is it? Can you not find a similar make /model ?
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Old 25.06.2020, 12:24
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Re: Seller wants to raise car price after signed contract of sale

I'm struggling to figure out why people are suggesting to pay more. You bought an item at an agreed price, I can't think of any reason why you'd be expected to pay 10% more than agreed. At that price jump you could be looking at a newer car/lower mileage etc.

If the contract is not enforceable, why do we even make them?
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Old 25.06.2020, 12:25
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Re: Seller wants to raise car price after signed contract of sale

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Maybe it was a genuine mistake. Would you have been interested if the car cost 1900 more? If yes, then consider whether you want to be the kind of person who profits from other's mistakes.

Frankly, either take the money back, or pay up (maybe not the full price). But going legal is likely to cost you more time and effort than it is worth. With no guarantee of winning. It's amazing how an open and shut case becomes less clear cut once it's in court.
It very well could have been a genuine mistake. However the seller advertised the car at 22100-, to which I agreed. And yes, if I have a binding contract I would be perfectly happy to profit from someone else's mistake if he looked me in the eye and shook my hand, then signed a contract with me.
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The point that the depreciation on the car exceeds the deposit & payments made is not the OP's problem. It's quite normal to pay to get out of a lease.
What the seller is saying is that he made a mistake and there is 24 000- left on his lease, rather than 22 100-. I had attempted to negotiate the price down, but he quoted that he was going to use the money to pay down his lease and as I really liked the car, I agreed to 22 100-.
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I would have thought a contract is a binding agreement, on both sides. The seller can't ask for more nor can the buyer offer less, unless both sides agree to amend the contract. But why would you?

I have sold cars privately in the past and would never try a stunt like this.
The way I see it, perhaps the service is not covered and that is an additional cost the seller doesn't want to absorb.

Of course the seller should have checked their numbers first.

What kind of car is it? Can you not find a similar make /model ?
We negotiated the service as the seller would not budge on the price, I have written confirmation he will do it before delivery.

The car is rather nice Lexus NX, the petrol rather than the hybrid. Most similar cars in Switzerland are using the hybrid drive train, so it is quite rare that a petrol one shows up.
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