Dealer sold me modified car without my knowledge

Dealer sold me modified car without my knowledge

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Boost Junkies

Original Poster:

90 posts

83 months

Saturday 24th June 2017
quotequote all
Hi,

I bought a car from a dealer on Monday, a 2006 350z, and I had the car checked out by a mechanic today for ease of mind.

My mechanic has checked it over, and it turns out that the exhaust is a generic eBay exhaust from China, it is definitely not OEM. Obviously I cannot have known this when buying, without access to the car on a ramp.

Also, the alloys were in a non standard colour, I knew this when I bought it, but the dealer made no mention that they were non standard.

I have insured the car with direct line, who do not allow modifications, so for the past week I've not been insured properly because of the dealer failing to notify me of the modifications.

Because of the dealer failing to describe the car properly, I do not trust him and I have lost confidence in the car. As I understand, the Consumer Rights Act 2015 states that the car has to be as described. He did not describe the car to me accurately, so am I within my rights to reject it?

Amused2death

2,493 posts

196 months

Saturday 24th June 2017
quotequote all
It would not be unreasonable to expect an 11 year old car to have had it's exhaust replaced at some point.

Is it a "performance" exhaust or just a replacement?

Boost Junkies

Original Poster:

90 posts

83 months

Saturday 24th June 2017
quotequote all
It doesn't sound louder than normal so I don't think it is a performance exhaust, but it won't be a pattern part will it?

200Plus Club

10,752 posts

278 months

Saturday 24th June 2017
quotequote all
Bit picky tbh and you should have decided knowing the wheel colours were off. 250 quid max sorts the rims out to oe colour, and you can always get insurance sorted if it's not a massive bhp gaining mod.

JZZ30

1,076 posts

115 months

Saturday 24th June 2017
quotequote all
Is it slower than your mates car?

alec.e

2,149 posts

124 months

Saturday 24th June 2017
quotequote all
Did you ask the dealer has it been modified, if not, then it is described fine. It is down to you to declare modifications to your insurers.

Amused2death

2,493 posts

196 months

Saturday 24th June 2017
quotequote all
Boost Junkies said:
It doesn't sound louder than normal so I don't think it is a performance exhaust, but it won't be a pattern part will it?
If it fits and does the job then it's good enough for an MOT.

Boost Junkies

Original Poster:

90 posts

83 months

Saturday 24th June 2017
quotequote all
200Plus Club said:
Bit picky tbh and you should have decided knowing the wheel colours were off. 250 quid max sorts the rims out to oe colour, and you can always get insurance sorted if it's not a massive bhp gaining mod.
I want to return the car ideally

jeff666

2,323 posts

191 months

Saturday 24th June 2017
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Boost Junkies said:
I want to return the car ideally
You had an offer from the dealer, take it.

valiant

10,219 posts

160 months

Saturday 24th June 2017
quotequote all
Did you ask if the wheels were standard?

In my mind the dealer will be just as in the dark as you were with regards to the wheels and exhaust. Besides the time to get an inspection done is before you buy not after.

Can't see you getting a refund unless misrepresented but give them a call and you may get a mutually beneficial result.

Boost Junkies

Original Poster:

90 posts

83 months

Saturday 24th June 2017
quotequote all
Amused2death said:
If it fits and does the job then it's good enough for an MOT.
But it's not an original part... if I fit different alloys, or tints to my car I would have to declare it as a modification. Why isn't this any different?

shakotan

10,695 posts

196 months

Saturday 24th June 2017
quotequote all
By 'modified' exhaust, you mean it's a performance exhaust, or it's a 'generic' copy of the Nissan exhaust?

If the latter, it doesn't count as a modification, you can replace factory parts with pattern and the car still remains 'stock'.

I'd also challenge your thoughts on the stock wheels being painted a different colour as 'modified' also.

So no, I don't think you are in a position to challenge the dealer, pending the exhaust situation, and neither do I think your car is classed as 'modified'.

TooLateForAName

4,747 posts

184 months

Saturday 24th June 2017
quotequote all
What is the real reason you want rid?

On a car 10+ years old it is hardly a surprise that there are non-oem parts on it. especially with a 'scene' car.

Frankly you're having a laugh if if you think a different exhaust and alloys is grounds to reject a used car.

raspy

1,469 posts

94 months

Saturday 24th June 2017
quotequote all
I thought the norm was to get cars inspected before purchasing them?

bearman68

4,652 posts

132 months

Saturday 24th June 2017
quotequote all
Mate, you're an idiot.

Is the car modified if it has Perelli tyres on not Toyo? What about Mintex brake pads, not Nissan? What about Bosch air filters, not Nissan, What about Shell petrol, not whatever Nissan put in.

If it's considered a like for like replacement, it's not modified.

Dear God, dealers have my sympathy.

Drive Blind

5,096 posts

177 months

Saturday 24th June 2017
quotequote all
I don't see how you can reject it for the exhaust, unless its radically different from standard eg side exit

The exhaust has been replaced - not unusual given it's age - and unfortunately it's been with a cheap ebay item. What if the brake discs and pads are also ebay cheapies? What about the tyres what brand are they? You see where I'm going with this...

You are being unrealistic expecting a car that age to be exactly OEM, unless the seller has described it as that.

valiant

10,219 posts

160 months

Saturday 24th June 2017
quotequote all
Boost Junkies said:
Amused2death said:
If it fits and does the job then it's good enough for an MOT.
But it's not an original part... if I fit different alloys, or tints to my car I would have to declare it as a modification. Why isn't this any different?
If you go to kwikfit and get a generic replacement, do you declare it? No, of course you don't. It's all part of maintaining your car. If it's not a performance exhaust then just carry on and enjoy your car.

Does sound a bit like buyers regret though...

jeff666

2,323 posts

191 months

Saturday 24th June 2017
quotequote all
Buyers remorse,

You had an offer from the dealer ,it was on one of your other 3 threads about this car,(deleted) why not just take it and move on with your life ?

Boost Junkies

Original Poster:

90 posts

83 months

Saturday 24th June 2017
quotequote all
shakotan said:
By 'modified' exhaust, you mean it's a performance exhaust, or it's a 'generic' copy of the Nissan exhaust?

If the latter, it doesn't count as a modification, you can replace factory parts with pattern and the car still remains 'stock'.

I'd also challenge your thoughts on the stock wheels being painted a different colour as 'modified' also.

So no, I don't think you are in a position to challenge the dealer, pending the exhaust situation, and neither do I think your car is classed as 'modified'.
I don't think it's performance, it sounds standard compared to clips on YouTube of the standard exhaust. But my mechanic mentioned the shoddy welds.

The wheels painted different is definitely a mod, same as painting the car, or wrapping it surely?

Amused2death

2,493 posts

196 months

Saturday 24th June 2017
quotequote all
Boost Junkies said:
Amused2death said:
If it fits and does the job then it's good enough for an MOT.
But it's not an original part... if I fit different alloys, or tints to my car I would have to declare it as a modification. Why isn't this any different?
Many cars are run with non genuine parts, this doesn't mean they are modified.

If the alloys weren't available as a stand fit option then they could be classified as a "modification". I doubt standard alloys sprayed a different colour would come under that classification. Many people get their alloy's refurbished and doing this wouldn't invalidate their insurance.

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