Reasonable outcome after attempted long-distance purchase?
Discussion
I bought a one way train ticket to travel 3 hours to complete the purchase of, and collect, a 5 year old used car at a franchised dealer. Reservation fee was paid, then deposit paid and order forms and other documentation completed prior to my arrival.
The advert photos showed the car with a contrasting roof (which was a common and wanted optional extra on this car model) but when I arrived I was told for the first time that the roof of the car was aftermarket wrapped to look like the the official painted option. This was never mentioned in the backwards and forwards email discussion and photos/videos received.
I wouldn t have travelled if I d known this and decided not to proceed. The dealer refunded my deposit but is refusing to contribute towards travel costs despite me travelling based on their misdescription of the vehicle. Does that sound reasonable, or would you expect full travel costs to be reimbursed in this situation?
ETA 5 yr old not 4
The advert photos showed the car with a contrasting roof (which was a common and wanted optional extra on this car model) but when I arrived I was told for the first time that the roof of the car was aftermarket wrapped to look like the the official painted option. This was never mentioned in the backwards and forwards email discussion and photos/videos received.
I wouldn t have travelled if I d known this and decided not to proceed. The dealer refunded my deposit but is refusing to contribute towards travel costs despite me travelling based on their misdescription of the vehicle. Does that sound reasonable, or would you expect full travel costs to be reimbursed in this situation?
Edited by Rollin on Saturday 13th December 13:55
ETA 5 yr old not 4
Edited by Rollin on Saturday 13th December 15:46
Morally, they should stump up for your travel costs. You incurred that cost on the basis of them failing to disclose that the contrast roof was a wrap. If its appearance in the photos was consistent with that of a factory contrast roof then it was reasonable of you to think that it was a factory contrast roof. Furthermore, I'd expect a car at a franchised dealer to be what it presents itself to be, not something else modified to look like it, assuming it was being sold as "approved used".
Legally, no idea!
Legally, no idea!
I wouldn't say it was misdescribed, I'd say you made an assumption and got bit.
If you'd have asked the question beforehand and was told it was a factory fitted option when it wasn't, that would be misdescribed.
If the roof is that important to a purchase, I'd explicitly ask about it before agreeing to buy.
So no, I don't think you'd have grounds for a refund of travel costs. Lesson learnt for next time though, ask, don't assume.
If you'd have asked the question beforehand and was told it was a factory fitted option when it wasn't, that would be misdescribed.
If the roof is that important to a purchase, I'd explicitly ask about it before agreeing to buy.
So no, I don't think you'd have grounds for a refund of travel costs. Lesson learnt for next time though, ask, don't assume.
brillomaster said:
I wouldn't say it was misdescribed, I'd say you made an assumption and got bit.
If you'd have asked the question beforehand and was told it was a factory fitted option when it wasn't, that would be misdescribed.
If the roof is that important to a purchase, I'd explicitly ask about it before agreeing to buy.
So no, I don't think you'd have grounds for a refund of travel costs. Lesson learnt for next time though, ask, don't assume.
I would agree. Unless they said it was the factory fitted option then its not been misrepresented. If you'd have asked the question beforehand and was told it was a factory fitted option when it wasn't, that would be misdescribed.
If the roof is that important to a purchase, I'd explicitly ask about it before agreeing to buy.
So no, I don't think you'd have grounds for a refund of travel costs. Lesson learnt for next time though, ask, don't assume.
The travel costs are not their responsibility. You could have been local, or you could have been flying in from another country. Thats not a part of the deal, its simply your circumstances.
Edited by 98elise on Saturday 13th December 17:48
98elise said:
brillomaster said:
I wouldn't say it was misdescribed, I'd say you made an assumption and got bit.
If you'd have asked the question beforehand and was told it was a factory fitted option when it wasn't, that would be misdescribed.
If the roof is that important to a purchase, I'd explicitly ask about it before agreeing to buy.
So no, I don't think you'd have grounds for a refund of travel costs. Lesson learnt for next time though, ask, don't assume.
I would agree. Unless they said it was the factory fupitted option then its not been misrepresented. If you'd have asked the question beforehand and was told it was a factory fitted option when it wasn't, that would be misdescribed.
If the roof is that important to a purchase, I'd explicitly ask about it before agreeing to buy.
So no, I don't think you'd have grounds for a refund of travel costs. Lesson learnt for next time though, ask, don't assume.
The travel costs are not their responsibility. You could have been local, or you could have been flying in from another country. Thats not a part of the deal, its simply your circumstances.
Does the wrap mean that it fails the criteria of what an Approved Used Audi should be?
If so you may have a claim.
If you'd agreed a sale, filled in paperwork, paid a deposit you may also have them on the hook for breach of contract.
But only you know if it's worth the hassle or not.
Leave a factual review not an over emotional one.
If so you may have a claim.
If you'd agreed a sale, filled in paperwork, paid a deposit you may also have them on the hook for breach of contract.
But only you know if it's worth the hassle or not.
Leave a factual review not an over emotional one.
Rollin said:
The dealer was made well aware that I was travelling to pay the balance and collect the car, hence the completed paperwork. A decision based on their description and photos of the car. This is an approved used Audi by the way. Would the fact that they didn't tell me about the wrapped roof not constitute misdescription by omission?
Run that by me again?2 sMoKiN bArReLs said:
That's a new one on me...the colour of the roof being a deciding factor 
Anyhoo, I'd have done the same as you if I were not happy. Ask for a contribution to travel. But, if I got knocked back I'd just think that's how the cookie crumbles and move on.
Yep. Buying expensive things off strangers is a risky, time consuming business.Anyhoo, I'd have done the same as you if I were not happy. Ask for a contribution to travel. But, if I got knocked back I'd just think that's how the cookie crumbles and move on.
A few quid on travel is just the price of doing business imho.
Better this than buying a piece of crap, every time.
BertBert said:
Rollin said:
The dealer was made well aware that I was travelling to pay the balance and collect the car, hence the completed paperwork. A decision based on their description and photos of the car. This is an approved used Audi by the way. Would the fact that they didn't tell me about the wrapped roof not constitute misdescription by omission?
Run that by me again?Consumer Protection from Unfair Trading Regulations 2008
C69 said:
Not doubting that's what you paid, but it's an outrageous amount for a three-hour journey. First class?
Did the dealer refuse to contribute before or after you told them the cost?
Taxi to station, 2 single tickets for the journey there plus bus to dealer. Bus back from dealer, last minute single tickets home. 8 hours travelling all in, so not exactly a fun day out Did the dealer refuse to contribute before or after you told them the cost?
Mikebentley said:
£400 ! Could you not just get the hairdryer out and unwrap it? It is Chris after all.
But then the roof wouldn't be the colour the OP wanted, it would most likely be body coloured instead of the desired contrasting colour. For example: OP wants a white car with a black roof, which would have been a cost option for the original buyer.
Finds one on Autotrader and travels to buy after being in discussion with the dealer and paying a deposit to secure the car.
Upon arrival it becomes apparent that the black roof is just a vinyl wrap and underneath the roof is painted white from the factory.
OP decides that this is unsatisfactory to him - annoyance ensues.
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