Car not as described

Aggy67

I have recently purchased a second hand car from a dealer, which was advertised with loads of goodies such as leather seats, parking sensors and more importantly manufacturers satnav. Now, for me, this was a major selling point. I collected the car today, and all was wonderful until I came to play with the satnav; there isnt one. I double checked the advert on both the car dealers website, and on autotrader, and they both clearly start satnav. Now, I have contacted the company I purchased the car from, and I have explained the situation, and im not getting that warm and fuzzy feeling that I am going to get my factory fitted satnav, as advertised. Now, here is the thing, it is a Mercedes E class and a retrofit Satnav is between £600 and £950 depending upon what my car currently has fitted, hence why this could be a problem.

Hopefully, this all gets sorted and I will be a happy motorist,; but, if the garage do not offer me what I thought I was purchasing, where do I stand? I am not interested in them giving me money back, I am not interested in having a windscreen mounted satnav, I bought the car thinking I was getting a Mercedes Benz factory fitted satnav and even the garage thought it had one until I rang them to say it isnt fitted.

Am I within my right to ask for what was advertised? For me to pay for the unit to be fitted, I may have to potentially cough up an additional £950, which I am not happy to do. If I had known the car had not got Satnav, i would not have purchased the car, and I bought it in good faith that it was as described.

Thanks in advance

Andy

sourcrates

Hi,

So you bought the car without actually seeing it ?

When it comes to used cars, thats a pretty big risk, garages that provide this type of service usually have some sort of guarantee, where if the customer is not 100% happy, they will take it away and refund you your money.

Looks like an error on the part of the garage, but i cant see them retro fitting a factory sat nav to be honest.

You may need to soften your stance here in order to find an amicable solution, i suggest you speak to the manager/boss of the garage and try and work out a compromise deal.

Strider590

Get evidence, get a copy/photo/whatever of the ad, because they'll now go off and change it.

ess0two

Refund at best, they aint gonna stump up for satnav.

JohnM5206

And my view is that you are fortunate that you will not have to cough up the demand for a couple of hundred pounds every year for an update disk.
Get some money back and put it towards a high end TomTom or Garmin and get live traffic and free map updates for the future.
I have been there.

AdrianC

Not as described, so absolute right to return for refund within 30 days.

[Deleted User]

Yep, Sale of Goods Act, they either fix it, offer a partial refund for the value of the missing stuff, or refund.

Hard to estimate the value of the missing sat nav. If you want to keep the car decide if you would be happy with a separate sat nav, or look to see if you can find a used factory fit one.

You could hold out for a new factory fit unit, but be prepared for them to refuse and offer a refund on the whole car instead.

AdrianC

DELETED USER wrote:

Yep, Sale of Goods Act

<cough> It's closing on 18mo since that was replaced by the Consumer Rights Act 2015...

...which is the legislation that gives that absolute right to a refund within 30 days...

Aggy67

I did see the car, and test drove it; but didnt check out every feature on the car; I mean it said it had satnav, so you would assume it had satnav wouldnt you? And if it didnt work, well it is covered by the warranty.

Yeah, I could buy a Tomtom or Garmin, but I wanted a built in satnav and looked for a car with one; I even told the dealer that i was after a car with built in satnav

Anyway, thanks for the replies, much appreciated. I have my answer now, a very helpful local solicitor has pointed me in the right direction, I am covered by the consumer rights act 2015 section 11, where the goods have to be as described

(as a new user it wont let me post the link as a reference, but if you google the act it is on the .gov website)

11 Goods to be as described
(1) Every contract to supply goods by description is to be treated as including a term that the goods will match the description.
(2) If the supply is by sample as well as by description, it is not sufficient that the bulk of the goods matches the sample if the goods do not also match the description.
(3) A supply of goods is not prevented from being a supply by description just because—
(a) the goods are exposed for supply, and
(b) they are selected by the consumer.
(4) Any information that is provided by the trader about the goods and is information mentioned in paragraph (a) of Schedule 1 or 2 to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134) (main characteristics of goods) is to be treated as included as a term of the contract.
(5) A change to any of that information, made before entering into the contract or later, is not effective unless expressly agreed between the consumer and the trader.
(6) See section 2(5) and (6) for the application of subsections (4) and (5) where goods are sold at public auction.
(7) See section 19 for a consumer’s rights if the trader is in breach of a term that this section requires to be treated as included in a contract.

AdrianC

Aggy67 wrote: »

I have my answer now, a very helpful local solicitor has pointed me in the right direction, I am covered by the consumer rights act 2015 section 11, where the goods have to be as described

Lovely, an' all. And the remedy given by the legislation is...?

Yep, return for a refund. You'll be in the same position as if you'd checked before purchase, but more time and hassle down.

usefulmale

Aggy67 wrote: »

I have recently purchased a second hand car from a dealer, which was advertised with loads of goodies such as leather seats, parking sensors and more importantly manufacturers satnav. Now, for me, this was a major selling point.

Aggy67 wrote: »

I did see the car, and test drove it; but didnt check out every feature on the car; I mean it said it had satnav, so you would assume it had satnav wouldnt you? And if it didnt work, well it is covered by the warranty.

If the satnav was such a major selling point, it would have been the first thing any reasonable person would have 'played with' first.