Can I return this car?

KTF

RustyPots wrote: »

I know there aren't heated seats... that's one of my issues. Clearly states on the advert there are heated seats!

I was not an expert on the car, I have never owned this type of car before and assumed these things were standard. I admit I didn't check if the disk changer was complete. It was only when a friend (who has had 2 of these cars) came round and asked to see it that I realised bits were missing.

Hintza - I was happy with the car when I bought it as I though it was fine. It's only now I've realised I have been sold something that a) is incomplete, and b) doesn't match the description I am annoyed and want to know what recourse I have. I will take him to court if he wants to go down that route as as far as I'm concerned, and SOGA is concerned it doesn't match the description of the advert.

Now if the dealer wants to fix the issues then I am more than happy to go that route, however I do want the heated seats so he's going to need to source a new interior!

I absolutely realise that I should have known better now, but as stated I thought buying from a dealer was safer and that I would be getting a good buy. I appreciate you all think I'm a mug however I just wanted some genuine advice not some keyboard idiots trying to make out I'm looking for excuses.


Thank you for those who have been helpful and provided good solid advice and links. I will be speaking to OFT and the dealer to see if we can come to some agreement.

You had plenty of time to inspect it and still bought it.

There is also no hope that the dealer is going to start fitting a new interior just because there was an error in the advert.

Best case the dealer might give you some more money off but legally you are on thin ice.

RustyPots

KTF wrote: »

Ebay populates the avert based on the registration. As you have found, this isnt always correct as many of the items listed are factory fit options.

The seats are not heated as they are part leather, not full leather and there is no privacy glass fitted.

Clearly the first owner didnt tick those boxes when the car was first purchased.

What do you mean plastic panels in the boot?

vikingaero wrote: »

Looking at the car in the pictures it does have tinted glass - possibly not privacy glass.

Any immaculate 9 year old car is going to have the odd ding or mark. The clue is in the fact that it is 9 years old!

I know it will have dings and I'm OK with that it's just worse in person than on the pictures, the dealer was happy to sort that out so that isn't an issue. This is the newest car I have ever owned and so I wasn't expecting it to be spotless, however it's not in amazing condition, nothing a good clay bar and polish wont sort out though! So that really wasn't an issue.

To me the windows look dark on the picture, possibly poor lighting (or eyesight!) but when I went to look at it and it was obvious not tinting I just though I got confused with another one I was looking at. It wasn't until later when my friend pointed out the problems and I asked her to show me the heated seats I became aware the advert wasn't correct, I dug out the advert and looked and there it was tints and heated seats. She then mentioned that the seat didn't adjust as it should and the head unit was an aftermarket replacement. That's when I decided to see what I can do about it and here we are

OddballJamie

What is it you want from the dealer to satisfy you or do you want a refund?

Sourcing heated seats may be a be ask, as you will also need to have them wired in. I can't see this happening tbh.

RustyPots

OddballJamie wrote: »

What is it you want from the dealer to satisfy you or do you want a refund?

Sourcing heated seats may be a be ask, as you will also need to have them wired in. I can't see this happening tbh.

I want a refund. I'm not happy with what I've been sold and as you point out replacing the seats alone will be a job and a half, plus the tinting etc etc.

To be honest I've lost faith in the dealer, I'm not sure if this is a one off or if he's tried to pull a fast one when I explained I didn't know what I was looking at and that I'd never had an Merc before, or if i'm being over sensitive!

If he were to do the work then I would accept that as fair. But I can't see him wanting to do that much really.

I'm going to speak to him and see what he suggests as I'd prefer an amicable arrangement, but I think I'll push for a refund... he'd be getting a full tank of diesel chucked in so that'll win him over :rotfl:

colino

Frankly I thought the rear of all MLs had darkened glass, but there you go. The dealer had an advert, unfortunately it had a few errors, but as it is not in the realm of having a smaller engine than advertised or standard instead of uprated suspension - things you as a layman would not be expected to check - it's just an advert.
You have viewed it, seen it as is and created a bargain with him. I don't think you are going to get anywhere with complaining about it.

Hintza

You have had 5-6 people thinking you will struggle. Jamie is sitting a bit more on the fence.

You came on here asking:- "Can I return this car"

It looks as most of us have agreed you will struggle, you can always ask and if the answer is no then you can have recourse to take it to the small claims court if you wish.

Do not start a rant about keyboard warriors just because you are not hearing what you want to hear.

Araboo27

Hintza wrote: »

Do not start a rant about keyboard warriors just because you are not hearing what you want to hear.

I think you're right to an extent but the way some people put their opinions across is way too blunt and aggressive, I think this needs to be stopped...I worry about posting in case I get sh***y comments off others!!

muckybutt

I had a similar situation with a dealer last year, car was advertised as having elec windows all round and as having cruise control.

Window on passenger side didn't work and the cruise control was non existent so the car was clearly advertised falsely.

To begin with dealer ignored until I got hold of trading standards and they had word with him on his point of view, his argument was its a X year old car what do you expect, TS clearly told him that if you advertise a car has having something like what has been mentioned above and in the op's thread then that item has to be in working order other wise it would be classed as misleading and the dealer could get into deep doo doo.

Anyhow a couple of other faults reared their head with this car and the dealer ended up giving me a full refund after 6 weeks.

In your case op go for it, goods not as described in the advert, give the dealer the option sort it - or refund - or see you in court.

You don't say though how long have you had the car ?

motorguy

RustyPots wrote: »

I know there aren't heated seats... that's one of my issues. Clearly states on the advert there are heated seats!

I was not an expert on the car, I have never owned this type of car before and assumed these things were standard. I admit I didn't check if the disk changer was complete. It was only when a friend (who has had 2 of these cars) came round and asked to see it that I realised bits were missing.

Hintza - I was happy with the car when I bought it as I though it was fine. It's only now I've realised I have been sold something that a) is incomplete, and b) doesn't match the description I am annoyed and want to know what recourse I have. I will take him to court if he wants to go down that route as as far as I'm concerned, and SOGA is concerned it doesn't match the description of the advert.

Now if the dealer wants to fix the issues then I am more than happy to go that route, however I do want the heated seats so he's going to need to source a new interior!

I absolutely realise that I should have known better now, but as stated I thought buying from a dealer was safer and that I would be getting a good buy. I appreciate you all think I'm a mug however I just wanted some genuine advice not some keyboard idiots trying to make out I'm looking for excuses.


Thank you for those who have been helpful and provided good solid advice and links. I will be speaking to OFT and the dealer to see if we can come to some agreement.

Argue on semantics if you like but the SOGA is not designed to be abused by people with buyers remorse who are going to try to use the fact they wont get their !!! warmed during the winter as a reason to get a full refund

Bear in mind that to 'take it to court' means you'll have to reject the car. Rejecting it means either taking it back to him and leaving it there OR putting it 'beyond use' and not using it at all in the meantime.

Either you reject the car or you dont - You cant just cruise about in it in the meantime.

It could then take several months to a year to get to court, and the judge might not on the day rule in your favour anyway.

Personally if i was the dealer i'd let you tear away there and park the car up for the months it will take, though he may well take the viewpoint that he cant be bothered with the hassle.

TradePro

I'm assuming this thread is a wind-up Paul.

I'm utterly gobsmacked if not.