Bought vehicle spec not as advertised

[mail2sgowri]

Hello experts,

I've just joined the piston heads forum and since there is this 14 day limit of not being able to post a topic in Plod/law section, I'm posting it here. The query is regarding a car that I've just bought.
I've just bought a Toyota Hybrid based on the advertisement by an approved Toyota Dealer in the Auto trader website. The description clearly mentioned "Lovely spec car comes with Bluetooth, Cruise Control, Auto Lights & Wipers". When I was test driving and asking for auto lights/wipers the sales person informed that he has kept the knobs in the auto setting (and it was set against a symbol of O) and showed it and said that since it isn't dark and not raining, he can't show its working. Based on his word I purchased the car (the ride & handling was all good). While driving home, I left the light setting in the way he has left it thinking the auto lights would have come on. Only when it started raining and the wipers hadn't come on I had the doubt that the auto setting isn't working. Parked at a safe area and came out to check the headlights and I was literally driving without headlights. Since the dashboard lights were On, I thought the auto headlights were working. Only when i researched found out that since the headlight setting was in "O" - it was daylight position setting and in that the dashboard light comes on.

Apart from the auto lights & wipers the car also doesn't have the cruise control but was advertised. Since I've saved the car in the Auto Trader app, I still have access to the advertisement even though the dealer has taken it down.

What are my legal rights regarding the above. Any help on this is highly appreciated please. I do like the car from its ride etc, but just feel cheated with complete misrepresentation of the vehicle spec.

Thanks

[Jasper3.0]

Can’t resist....

I thought you were about to complain as it was a self charging hybrid but you have to put fuel in......

[Monkeylegend]

The first thing I would do is speak to the dealer and get their response. If you want a car specifically with those features reject it.

[A1VDY]

Maybe a little misdescribed but if you like the car and it's now bought and registered in your name maybe push for a small refund and when it's dark/raining just flick the necessary switches on..

[rix]

I would do a screen grab of the ad as it will no longer be accessible after a while. What resolution do you want? A refund/return or a partial refund to compensate? I would suggest you work out what you want first and then approach the dealer. If its a main dealer I would have thought that they would refund without too much fuss if that's what you want.

[Scrump]

Speak to the dealer and see what they say.
I would suggest going into that conversation with a idea of what you would like to happen. A couple of possibilities are you would like them to take the car back and refund your money or you would like a partial refund to cover the lower spec of the car.

[Monkeylegend]

A1VDY said:

Maybe a little misdescribed but if you like the car and it's now bought and registered

Did you fall of your chair or something?

[u33db]

Go speak to the dealer before bringing up "legal rights"

Also perhaps this is a lesson to check things for yourself? A bit of common sense should surely have applied...

[sonnenschein3000]

Print out the original advert and go and speak to the dealer principal, and explain how you were mislead not only in the original advert but also by the salesperson dealing with you. He/she might give you some options, but as others have said, the most likely outcome would either be some money back to you for the car not having those features advertised, or they'll buy the car back off you. I doubt that they'll be able to retrofit those items as it can become very costly to add major features to a car once manufactured.

[ging84]

print / save / screenshot the advert asap, they disappear

[Olas]

mail2sgowri said:

Hello experts,

I've just joined the piston heads forum and since there is this 14 day limit of not being able to post a topic in Plod/law section, I'm posting it here. The query is regarding a car that I've just bought.
I've just bought a Toyota Hybrid based on the advertisement by an approved Toyota Dealer in the Auto trader website. The description clearly mentioned "Lovely spec car comes with Bluetooth, Cruise Control, Auto Lights & Wipers". When I was test driving and asking for auto lights/wipers the sales person informed that he has kept the knobs in the auto setting (and it was set against a symbol of O) and showed it and said that since it isn't dark and not raining, he can't show its working. Based on his word I purchased the car (the ride & handling was all good). While driving home, I left the light setting in the way he has left it thinking the auto lights would have come on. Only when it started raining and the wipers hadn't come on I had the doubt that the auto setting isn't working. Parked at a safe area and came out to check the headlights and I was literally driving without headlights. Since the dashboard lights were On, I thought the auto headlights were working. Only when i researched found out that since the headlight setting was in "O" - it was daylight position setting and in that the dashboard light comes on.

Apart from the auto lights & wipers the car also doesn't have the cruise control but was advertised. Since I've saved the car in the Auto Trader app, I still have access to the advertisement even though the dealer has taken it down.

What are my legal rights regarding the above. Any help on this is highly appreciated please. I do like the car from its ride etc, but just feel cheated with complete misrepresentation of the vehicle spec.

Thanks

If goods are misrepresented or not as described, go and get yourself a full refund.

[mail2sgowri]

u33db said:

Go speak to the dealer before bringing up "legal rights"

Also perhaps this is a lesson to check things for yourself? A bit of common sense should surely have applied...

Thanks. Legal rights wasn't the right word at this point, was looking for "options" first. Did check for "Auto Lights" but it turned out to be a bright day. Any ways of covering the light sensor and checking (or for that matter pouring some water on the rain sensor), I should've but being an authorised dealer I didn't want to dig to deep. Definitely a lesson!!!!

[greysquirrel]

It depends on what you want out of it, and whether those options were really a deal clincher and you made them aware of this.
My wife bought a Volvo expressly on the basis it had the winter pack (heated screen). The ad said so, salesmen said so and wife stressed if it didn’t then we would carry on looking as in no rush to buy at the time. Winter came round, it didn’t have the winter pack. As our part ex was already long gone we were in a bit of a pickle. Settled on £2.5k back in our pocket. I now have to scrape the windscreen when it’s icy.

[mail2sgowri]

Thanks everybody, as I mentioned I like the car from its driveability, handling etc. I just wanted to get a clarity on the misrepresentation and what are the options. I'll definitely look for partial refund (if can't be retrofitted), but was raising the "misrepresentation" to check if I could get more than the partial refund,after especially the way the sales person's higher official shoved me saying to hurry up to buy or leave (as there's quite a few already lined up to buy)

[The_Nugget]

mail2sgowri said:

Thanks. Legal rights wasn't the right word at this point, was looking for "options" first. Did check for "Auto Lights" but it turned out to be a bright day. Any ways of covering the light sensor and checking (or for that matter pouring some water on the rain sensor), I should've but being an authorised dealer I didn't want to dig to deep. Definitely a lesson!!!!

It should be fairly obvious from the controls. Lights will have 3 settings - sidelights, headlights and auto.
Wipers will have an Auto option and manual speed control (probably 2 speeds) likely not a manual intermittent.

[The_Nugget]

mail2sgowri said:

Thanks everybody, as I mentioned I like the car from its driveability, handling etc. I just wanted to get a clarity on the misrepresentation and what are the options. I'll definitely look for partial refund (if can't be retrofitted), but was raising the "misrepresentation" to check if I could get more than the partial refund,after especially the way the sales person's higher official shoved me saying to hurry up to buy or leave (as there's quite a few already lined up to buy)

A classic sales tactic.
Unless it’s rare, take your time there’s plenty more fish in the sea. Take delight in taking your time, make sure you are comfortable. Revel in them shoving you along and then turn back around and ask for one more quick look in the boot etc. Go for a walk round the block, they aren’t literally queuing up outside so you have time. Don’t be pressured, it’s your money, spend it when you are good and ready.