Car mis sold - legal position?
Discussion
An individual purchases a car from a main dealer, a car that was advertised with a certain engine upgrade that the buyer wanted. The car is paid for in full and driven away. Some days later it is discovered that the dealership made a mistake and the upgrade does not actually exist on the car.
Where does the individual stand legally? The Sale of Goods Act states that the car was not as described so is it reasonable for the individual to ask the main dealer to actually fit the part they said was on the car?
Where does the individual stand legally? The Sale of Goods Act states that the car was not as described so is it reasonable for the individual to ask the main dealer to actually fit the part they said was on the car?
Well they are entitled to reject the car (I did that with a Ford Focus as I had requested a used one from Ford Direct with ABS and it came without).
You can allow the dealer to put things right (I did this with a PC last month as they offered an upgrade as an apology). Not the same thing, but the response was prompted by me e-mailing them telling them I was rejecting the product uder the SOGA.
They can ask the dealer to fit the missing upgrade at no expense.
They can take cash to the value of the upgrade.
I think the above 2 options negate the right to reject, but I could be wrong.
What was missing - chip ?
You can allow the dealer to put things right (I did this with a PC last month as they offered an upgrade as an apology). Not the same thing, but the response was prompted by me e-mailing them telling them I was rejecting the product uder the SOGA.
They can ask the dealer to fit the missing upgrade at no expense.
They can take cash to the value of the upgrade.
I think the above 2 options negate the right to reject, but I could be wrong.
What was missing - chip ?
From what little you have said, yes it is reasonable to get them to fit FOC, provided you can conclusively prove that the car was supposed to have said upgrade.
For example: 2002 TVR Cerbera 4.5 with RED ROSE upgrade. Now if the car doesn't have the upgrade you can either ask them to retro fit or have a full refund because the car was not as described.
However, if there is more to this.............
For example: 2002 TVR Cerbera 4.5 with RED ROSE upgrade. Now if the car doesn't have the upgrade you can either ask them to retro fit or have a full refund because the car was not as described.
However, if there is more to this.............
Thanks for the replies.
It can be proved that they are in the wrong yes, as the individual has a copy of the advert, the salesman has seen said advert online and they have admitted that they made a mistake. They have however said tough, it's your problem not ours.
I don't think that's the end of it though
It can be proved that they are in the wrong yes, as the individual has a copy of the advert, the salesman has seen said advert online and they have admitted that they made a mistake. They have however said tough, it's your problem not ours.
I don't think that's the end of it though
douglasr said:
Well they are entitled to reject the car (I did that with a Ford Focus as I had requested a used one from Ford Direct with ABS and it came without).
Did a court enforce this "right" or was it that the dealer simply changed it? I ask because I am aware of several cases in this area, none have succeeded in rejecting a car for things like that. The court is likely however to award damages for any losses suffered (such as the price differential between the car as it stands and as it would be with the upgrade). Sadly, whilst not correct (IMHO) a court tends to see matters like this as "minor" and has difficulty with permitting rejection due to where that would lead.....
Sorry OP I didn't answer you - yes, the dealer could be asked to remedy the defect, or in the alternative you could get the upgrade fitted elsewhere and then sue them for the money - but you would need to offer the dealer the chance to rectify it first.
I had a similar experience about 10 years ago. I purchased a pre reg car from a well known Main dealer in Scotland, advertised as May 01, but when the V5 arrived it was actually registered in Oct 00. I spoke to a friend in the trade and he said I had them over a barrel as they had mis-sold the car under the SOGA. He stated that I was entitled to either a full refund, a replacement vehicle matching the one advertised or a settlement equivalent to the difference in value between an Oct 00 and a May 01 vehicle. At first the manager did not want to play ball, until I pulled an ace from my deck as I pointed out that a pre delivery inspection had not been carried out on the car prior to handing it over to me. A point that was simply proved by highlighting the transit stops still fitted to the springs on the vehicle, discovered when I was investigating the unexpectedly harsh ride. He suddenly could not be more accommodating resulting in a cheque for £750, a 6 month extended warranty and a free first service.
Main dealer?
The car's not as described and it's a clear breach of contract. You're entitled to be put in the position you would have been had the contract been performed...
... which is to say you should have either the upgrade, or if the upgrade is a factory one and an aftermarket fix would diminish the car's value, the difference in value between the two. In those circumstances it may be cheaper for the dealer to offer a full refund than to retrofit.
I'd also suggest a call to the head office - most manufacturers wouldn't take kindly to a main dealer providing such poor customer service.
If you don't want to name and shame (although I'd suggest make and model would be okay, dealership would not) could you suggest roughly what kind of car it is (e.g., 2 seat prestige coupé), its age and the nature of the upgrade?
The car's not as described and it's a clear breach of contract. You're entitled to be put in the position you would have been had the contract been performed...
... which is to say you should have either the upgrade, or if the upgrade is a factory one and an aftermarket fix would diminish the car's value, the difference in value between the two. In those circumstances it may be cheaper for the dealer to offer a full refund than to retrofit.
I'd also suggest a call to the head office - most manufacturers wouldn't take kindly to a main dealer providing such poor customer service.
If you don't want to name and shame (although I'd suggest make and model would be okay, dealership would not) could you suggest roughly what kind of car it is (e.g., 2 seat prestige coupé), its age and the nature of the upgrade?
I am staggered that the dealer refused to reverse the deal. Ultimately it could cost them a small fortune:
Is the engine upgrade something that is readily available as an aftermarket upgrade and if so how much does it cost relative to the cost of the car?
If your friend goes to court (again I can't believe that the dealer would let it go that far), then if the court decides to go down the route of working out how much less the car is worth it might be worth approaching it from the viewpoint that the sole reason for purchasing the car was because of the engine upgrade. It wasn't possible or desirable to retrospectively fit and so the car had to be sold and a new car purchased.
This will cost money, even down to insurance transfer costs, travelling to see cars and so on. A lot more than the lost profit to the original dealer. Then add in legal fees and the whole bill will be totally out of proportion to simply taking the car back and re-selling it.
The selling dealer might be under the false belief that your mate wouldn't win in court. Providing he can show the car was advertised as having the upgrade and show it doesn't then he's won. You simply can't make things up in an advert when selling a car.
I am stunned at how foolish the dealer is.
Henry
Is the engine upgrade something that is readily available as an aftermarket upgrade and if so how much does it cost relative to the cost of the car?
If your friend goes to court (again I can't believe that the dealer would let it go that far), then if the court decides to go down the route of working out how much less the car is worth it might be worth approaching it from the viewpoint that the sole reason for purchasing the car was because of the engine upgrade. It wasn't possible or desirable to retrospectively fit and so the car had to be sold and a new car purchased.
This will cost money, even down to insurance transfer costs, travelling to see cars and so on. A lot more than the lost profit to the original dealer. Then add in legal fees and the whole bill will be totally out of proportion to simply taking the car back and re-selling it.
The selling dealer might be under the false belief that your mate wouldn't win in court. Providing he can show the car was advertised as having the upgrade and show it doesn't then he's won. You simply can't make things up in an advert when selling a car.
I am stunned at how foolish the dealer is.
Henry
I dont't think it's as clear cut as you think. Just because the vehicle is advertised as a certain specification this is an advert! The crux of it will boil down to what is on the sales invoice. An advert is as such and E&OE will often be mentioned, even if it isn't I think they might argue that the vehicle sold was the specification he bought and not that advertised. If that makes sense.
Road2Ruin said:
I dont't think it's as clear cut as you think. Just because the vehicle is advertised as a certain specification this is an advert! The crux of it will boil down to what is on the sales invoice. An advert is as such and E&OE will often be mentioned, even if it isn't I think they might argue that the vehicle sold was the specification he bought and not that advertised. If that makes sense.
NoNo, not every option is listed on a used car invoice. In fact none of them are. It will just say the reg number, chassis number, speedo reading, year of first reg and so on.
If you advertise a car as something then you need to make sure the buyer is aware of any mistakes which clearly in this case the chap wasn't. It isn't hard to see how it happened, the bloke writing the advert wasn't the bloke selling the car who wasn't the bloke buying the car in and they sell hundreds of cars a month.
Speak to the dealer principle and get him to sort out a refund before it gets silly and costs the garage a fortune.
Henry
If you advertise a car as something then you need to make sure the buyer is aware of any mistakes which clearly in this case the chap wasn't. It isn't hard to see how it happened, the bloke writing the advert wasn't the bloke selling the car who wasn't the bloke buying the car in and they sell hundreds of cars a month.
Speak to the dealer principle and get him to sort out a refund before it gets silly and costs the garage a fortune.
Henry
airportparking said:
Go straight to a solicitor and get a letter out to the car dealer ASAP
Yes, and don't forget to get angry and confrontational too! 
Despite the dealers intransigence, by being reasonable rather than objectionable he might get a better result without it costing a fortune for legal fees and leaving a bad taste in the mouth.
Tyre Smoke said:
airportparking said:
Go straight to a solicitor and get a letter out to the car dealer ASAP
Yes, and don't forget to get angry and confrontational too! Despite the dealers intransigence, by being reasonable rather than objectionable he might get a better result without it costing a fortune for legal fees and leaving a bad taste in the mouth.
airportparking said:
Tyre Smoke said:
airportparking said:
Go straight to a solicitor and get a letter out to the car dealer ASAP
Yes, and don't forget to get angry and confrontational too! Despite the dealers intransigence, by being reasonable rather than objectionable he might get a better result without it costing a fortune for legal fees and leaving a bad taste in the mouth.
Good luck.
Definitely keep it as pleasant as possible at this stage. Take the moral high ground.
Henry
swerni said:
fergywales said:
Negligent Misrepresentation, which, with their admission of error, you are entitled to seek to be restored to the position you were in prior to the purchase (ie full repayment).
That's an assumption, it may be innocent.Depends what the upgrade was and how obvious it would be to spot.
Stand corrected
Thanks for all the replies chaps, it is much appreciated. If I was originally cagey and deliberately vague then I apologise but due to the unique nature of the situation I did not want to go in to too many details.
Thankfully, the matter has now been resolved to my satisfaction as the dealership were (in the end) willing to co-operate.
Thankfully, the matter has now been resolved to my satisfaction as the dealership were (in the end) willing to co-operate.
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