Legal Issue - advice needed.
Legal Issue - advice needed.
Author
Discussion

TTmonkey

Original Poster:

20,911 posts

277 months

Sunday 2nd December 2012
quotequote all
I bought an Audi A5 Coupe 2.0 Tdi Quattro a few weeks ago from a local 'supermarket' type place. £2k deposit and rest on finance.

However, 3 weeks in, I've realised something was wrong with the car. Whilst coming off a wet roundabout, the front wheels scrabbled for grip and 'nothing else' happened.

I put the car up on a big car jack and had a good look underneath - and no, there's no evidence of a 'Quattro' drive train.

Bugger. I thought it had just been debadged.

The V5 says Quattro, the advert for the car was quattro, the forms for finance say quattro. I went to an audi dealership earlier on today, and the computer says 'not'.

So the garage has sold me something that isn't as was described. However, I don't believe they knew the car was wrongly described either.

So, whats the legal position>? The fact that the car was described as a quattro and that's what I thought it was on buying it was a big part of the decision making for me.

Bit embarrassed that its taken me three weeks to realise.

Futuramic

1,763 posts

235 months

Sunday 2nd December 2012
quotequote all
I'm no expert but surely you were sold an item that was not described correctly. Quattro means that the car should be fitted with a four wheel drive system - and if you bought it expecting that then the car ain't right. You may even get a refund.

M4cruiser

5,201 posts

180 months

Sunday 2nd December 2012
quotequote all
Something seriously wrong here - not just overdescribed if the V5 says quattro?

Check the VIN number between the V5 and body.

Tom H

543 posts

217 months

Sunday 2nd December 2012
quotequote all
Do you have decent legal cover with your home insurance??? As mine covers, you typical boarder disputes etc but includes employment law (redundancy) but probably most importantly has consumer contract law.

This is the bit you need.

2 sMoKiN bArReLs

32,031 posts

265 months

Sunday 2nd December 2012
quotequote all
Just talk to them. I'm sure it can be worked out.

bitchstewie

67,780 posts

240 months

Sunday 2nd December 2012
quotequote all
I wonder if it's been stolen/cloned and sold on as a Quattro and ended up in the supermarket?

surveyor

18,691 posts

214 months

Sunday 2nd December 2012
quotequote all
bhstewie said:
I wonder if it's been stolen/cloned and sold on as a Quattro and ended up in the supermarket?
more likely it's a fk up at DVLA.


anonymous-user

84 months

Sunday 2nd December 2012
quotequote all
Legal advice: I would say that this was a sale by description and/or that the car being a Quattro was an essential term of the contract of sale.. Failing that, there was a (probably accidental) misrepresentation that induced the contract. On either basis, you have a good claim to reject the car. Stop driving it immediately, and open firm but polite negotiations for a refund or replacement.

This being S, P & L, someone whose cousin's girlfriend's brother once thought about doing an O level in law, but then thought better of it, will be along in a minute to assert in very robust terms that I am completely wrong.

bitchstewie

67,780 posts

240 months

Sunday 2nd December 2012
quotequote all
surveyor said:
more likely it's a fk up at DVLA.
Be interesting to know it was badged Quattro.

anonymous-user

84 months

Sunday 2nd December 2012
quotequote all
Who cares? It was sold as a Quattro. It isn't one. Er, that's it.

BE57 TOY

2,628 posts

177 months

Sunday 2nd December 2012
quotequote all
I'd be more worried that the car could be stolen.

TTmonkey

Original Poster:

20,911 posts

277 months

Sunday 2nd December 2012
quotequote all
There were no badges, and when I bought it I didn't consider them. just assumed it had been de-badged.

I've checked the VIN on the windscreen, it matches that on the V5.


I also think its a DVLA cock up, probably from initial registration. I've spoken to the dealership, they are going to phone me tomorrow to sort it out.


my main concern is that its a 'supermarket' place. Just think I'm going to get feked about.

its a nice car.


Anyone know what premium a Quattro carries over a FWD version? Car cost £15k.

anonymous-user

84 months

Sunday 2nd December 2012
quotequote all
Probably not the seller's fault, but still bang to rights. Be pleasant about it. I assume that Autotrader and similar ad places will indicate the price differential if you want to keep the car and receive a discount on the price.

Jasandjules

72,607 posts

259 months

Sunday 2nd December 2012
quotequote all
If you had known it was not a Quattro would you have purchased the car? If not, you need to tell them that. It would be a fundamental term of the contract.

Du1point8

22,924 posts

222 months

Sunday 2nd December 2012
quotequote all
TTmonkey said:
There were no badges, and when I bought it I didn't consider them. just assumed it had been de-badged.

I've checked the VIN on the windscreen, it matches that on the V5.


I also think its a DVLA cock up, probably from initial registration. I've spoken to the dealership, they are going to phone me tomorrow to sort it out.


my main concern is that its a 'supermarket' place. Just think I'm going to get feked about.

its a nice car.


Anyone know what premium a Quattro carries over a FWD version? Car cost £15k.
circa £1k-2k for a Quattro over a non Quattro

RtdRacer

1,274 posts

231 months

Sunday 2nd December 2012
quotequote all
Du1point8 said:
circa £1k-2k for a Quattro over a non Quattro
WOuld you settle for a couple of grand off the price? Worth considering...

ClaphamGT3

12,241 posts

273 months

Sunday 2nd December 2012
quotequote all
Breadvan72 said:
Probably not the seller's fault, but still bang to rights. Be pleasant about it. I assume that Autotrader and similar ad places will indicate the price differential if you want to keep the car and receive a discount on the price.
Absolutely right.

anonymous-user

84 months

Sunday 2nd December 2012
quotequote all
If you like the car, do a deal for 1 to 2K. If you are determined to have a Quattro, reject the car. Given the strength of your position on the facts as you state them, it's pretty much your choice.

Sir Bagalot

7,099 posts

211 months

Sunday 2nd December 2012
quotequote all
Breadvan72 said:
If you like the car, do a deal for 1 to 2K. If you are determined to have a Quattro, reject the car. Given the strength of your position on the facts as you state them, it's pretty much your choice.
^^This

TTmonkey

Original Poster:

20,911 posts

277 months

Monday 3rd December 2012
quotequote all
Sir Bagalot said:
Breadvan72 said:
If you like the car, do a deal for 1 to 2K. If you are determined to have a Quattro, reject the car. Given the strength of your position on the facts as you state them, it's pretty much your choice.
^^This
Thanks for all the replies.

I do really like the car, but it was an absolute factor that I wanted the quattro. I live in the sticks, and when it snows, it would have been reassuring to be still able to travel.

Will update when I hear back from the dealers today.