Legal Q on ordered spare parts
Legal Q on ordered spare parts
Author
Discussion

GreigM

Original Poster:

6,740 posts

280 months

Tuesday 29th May 2007
quotequote all
I need to get a new spare key for my car so called the dealer today. Now, I was aware the car can be supplied with either a full remote key or what they call a "spare" which is a non-remote. The "spare" is £75, the full remote is £225.

I asked to order a "spare", and was informed this only opened the doors and wouldn't start the car as it didn't contain the necessary immobiliser transponder, so as I need a proper spare I ordered the full remote.

I have just found out that the spare would indeed start the car, saving me £150. So I'm going to call the dealer and ask them to change the order - whats my legal position if they refuse to change it? Can I walk away with no recriminations? I realise this is a custom order but I feel I've been led into ordering the wrong thing by either a mistake or downright lies from the dealer.

JustinP1

13,363 posts

261 months

Tuesday 29th May 2007
quotequote all
The legal situation is a quandry as they have not misrepresented the one you ended up purchasing, thus I dont think that strictly it is in contravention of the Sale of Goods Act.

However, morally as you say either by mistake or by misrepresentation you have spent £150 when you didnt need need/want to.

I would put it to the dealer that you have been misrepresented and you have later found out that what you have been told is not the case.

What they *should* do is change your order.

If not you will have to coerce them by fair means or foul, this may include writing to the dealer principle or indeed the UK HQ.

Fat Richie

1,271 posts

249 months

Wednesday 30th May 2007
quotequote all
Yet another good arguement for having a "classic" as a daily driver - spare key from Timpsons that'll open everything and start the car - £4.00! laugh

Jasandjules

72,653 posts

260 months

Wednesday 30th May 2007
quotequote all
Agreed with Justin. Sounds like a Misrepresentation to me, or if you wanted to go further, obtaining a pecuniary advantage by deception (theft).

I would be advising the dealership that I would only be paying for the cheaper item, whichever one they deliver is up to them.

bi9_jk

883 posts

296 months

Wednesday 30th May 2007
quotequote all
As a result about their misrepresentation, whether that be careless or fraudulent you were induced to buy a product.

I doubt that under the sale of goods act there would be a challenge.

However the general law of contract should apply, i cant say much about english law but the contract should be voidable as in delict you would be entitled to claim the £150 or have the cheaper option delivered.

JustinP1

13,363 posts

261 months

Wednesday 30th May 2007
quotequote all
bi9_jk said:
As a result about their misrepresentation, whether that be careless or fraudulent you were induced to buy a product.

I doubt that under the sale of goods act there would be a challenge.

However the general law of contract should apply, i cant say much about english law but the contract should be voidable as in delict you would be entitled to claim the £150 or have the cheaper option delivered.
I am not so sure how the contract would be voidable, as there is nothing wrong with the actual contract which has occurred.

Although *another product* may have been misrepresented, as long as the dealer delivers the other key, then it would be difficult to argue against as there is no problem with that contract.

I think jasandjules' position is the best way forward. The best way in these types of negotiations is to state your case, and give the other party a number of options you would be happy with.


FunkyGibbon

3,863 posts

295 months

Wednesday 30th May 2007
quotequote all
JustinP1 said:
The legal situation is a quandry as they have not misrepresented the one you ended up purchasing, thus I dont think that strictly it is in contravention of the Sale of Goods Act.
Could you not infer that they said that the £225 key is the only one that will start the car, and therefore they have misrepresented the one purchased, as the £75 one will as well?

bi9_jk

883 posts

296 months

Wednesday 30th May 2007
quotequote all
JustinP1 said:
bi9_jk said:
As a result about their misrepresentation, whether that be careless or fraudulent you were induced to buy a product.

I doubt that under the sale of goods act there would be a challenge.

However the general law of contract should apply, i cant say much about english law but the contract should be voidable as in delict you would be entitled to claim the £150 or have the cheaper option delivered.
I am not so sure how the contract would be voidable, as there is nothing wrong with the actual contract which has occurred.

Although *another product* may have been misrepresented, as long as the dealer delivers the other key, then it would be difficult to argue against as there is no problem with that contract.

I think jasandjules' position is the best way forward. The best way in these types of negotiations is to state your case, and give the other party a number of options you would be happy with.
They have misrepresented that product. If there are two keys the remote and non remote. The dealer has said that this remote key is the only one of the two spares which will start the car. That has induced the buyer to buy that in respect of the advice given which he should reasonably expected to rely on. Not because he has told a lie about the non-remote but because he has said that the remote one is the only one which will start the car then that is misrepresentation about that product therefore the contract should be voidable due to fraudulent or neglegant misrepresentation on behalf of the seller.

Edited by bi9_jk on Wednesday 30th May 12:34

Marki

15,763 posts

301 months

Wednesday 30th May 2007
quotequote all
75- pounds for a key hehe

Jasandjules

72,653 posts

260 months

Wednesday 30th May 2007
quotequote all
It is simply a breach of the Misrepresentation Act 1967, S2(1) IIRC... Might be 2(2) though.. By a misrepresentation they have induced you to make a purchase, and their representation was knowingly false. This renders the contract voidable at your choice, as you would not have entered into the contract for the purchase of the more expensive item had you known the truth.

7db

6,060 posts

261 months

Wednesday 30th May 2007
quotequote all
Knowingly false? That's a big step.

I'd be very wary of accusing someone of fraud (a serious accusation), before letting them correct their simple mistake.

Point out their error. Give them a chance to correct it.
Decline to pay if the key is not a cheap working key.

200 quid for a key...does it drive it for you as well?

Marcellus

7,210 posts

250 months

Wednesday 30th May 2007
quotequote all
Misrepresentation doesn't have to be done knowingly for a contract to be voidable it could have been done unintentionally.

However, as the salesperson could be held as an expert in all parts that he is trying to sell therefore he should have known better.

7db

6,060 posts

261 months

Wednesday 30th May 2007
quotequote all
Marcellus said:
...However, as the salesperson could be held as an expert...
Have you ever met anyone who works in sales?

Marcellus

7,210 posts

250 months

Wednesday 30th May 2007
quotequote all
one or two (I am a Purchasing Director)!!

Slaav

4,375 posts

241 months

Wednesday 30th May 2007
quotequote all
My guess it isnt for the Nissan that the key is for then at £200+? tongue out

GreigM

Original Poster:

6,740 posts

280 months

Wednesday 30th May 2007
quotequote all
Slaav said:
My guess it isnt for the Nissan that the key is for then at £200+? tongue out
Although at the cost nissan want for parts these days it may well have been (over £200 for a wiper motor - ouch). The dealer have somewhat changed the story in that the cheaper key is apparently not available for order (although I have information and a part number to the contrary) - however I need the spare in a hurry and am going to have to proceed with the order frown

Slaav

4,375 posts

241 months

Wednesday 30th May 2007
quotequote all
GreigM said:
Slaav said:
My guess it isnt for the Nissan that the key is for then at £200+? tongue out
Although at the cost nissan want for parts these days it may well have been (over £200 for a wiper motor - ouch). The dealer have somewhat changed the story in that the cheaper key is apparently not available for order (although I have information and a part number to the contrary) - however I need the spare in a hurry and am going to have to proceed with the order frown
Bit shady on the details but I popped into Reading a while back as was having some annoying problems with one of my keys/alarm fobs. They sorted it out while I waited! Admittedly 40 mins or so and cost £50 ish from memory. Have you actually asked the OPC that services your car?

GreigM

Original Poster:

6,740 posts

280 months

Wednesday 30th May 2007
quotequote all
Slaav said:
Bit shady on the details but I popped into Reading a while back as was having some annoying problems with one of my keys/alarm fobs. They sorted it out while I waited! Admittedly 40 mins or so and cost £50 ish from memory. Have you actually asked the OPC that services your car?
Don't want to name and shame but this is the servicing dealer I'm asking.

bi9_jk

883 posts

296 months

Wednesday 30th May 2007
quotequote all
GreigM said:
Slaav said:
My guess it isnt for the Nissan that the key is for then at £200+? tongue out
Although at the cost nissan want for parts these days it may well have been (over £200 for a wiper motor - ouch). The dealer have somewhat changed the story in that the cheaper key is apparently not available for order (although I have information and a part number to the contrary) - however I need the spare in a hurry and am going to have to proceed with the order frown
Just go elsewhere for it.

peterguk

2,622 posts

248 months

Thursday 31st May 2007
quotequote all
So how does a non-transponder key start a transponder-based car?