Legal Q on ordered spare parts
Discussion
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.
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.
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.
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.
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 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.
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.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.
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.
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?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.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.
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.
Edited by bi9_jk on Wednesday 30th May 12:34
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.
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?
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?
Slaav said:
My guess it isnt for the Nissan that the key is for then at £200+? 
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 
GreigM said:
Slaav said:
My guess it isnt for the Nissan that the key is for then at £200+?
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 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.GreigM said:
Slaav said:
My guess it isnt for the Nissan that the key is for then at £200+?
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 Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff