We'd like to remind Forumites to please avoid political debate on the Forum. This is to keep it a safe and useful space for MoneySaving discussions. Threads that are - or become - political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
🔔 You've got till Monday to apply to become an MSE Forum Ambassador
Sold the wrong car
Three weeks ago, I bought a used Vauxhall Antara from a Vauxhall main dealer. I saw the car advertised in Auto Trader. My main criteria for choosing this car is it's 4WD capability, an essential requirement for my business. I had been looking at several others Antaras on Auto Trader over the previous few days, and ended up with a shortlist of three that looked good, and within my price range.
The general way of advertising, from my observations, is that as the Antara is a 4WD vehicle, if it is only 2WD (as some models are) the seller puts'2WD'in the Title section of the advert, so the purchaser knows straight away that it is not a 4WD. This particular advert did not say it was a 2WD, nor could I see it in the main description, so I arranged a visit to see it.
The dealer was 200 miles from my home, so I wanted to make sure that the car was up to my expectations before I left. I could not see anything untoward or that concerned me. Upon arrival at the dealers, I was greeted by a young salesman. We sat down, before seeing the car, and discussed the car in general. I told him that my main reason for buying the Anatara was it's 4WD capability, and how important it was to my business to be able to drive off-road. At no point did he mention that the model I was looking at was only 2WD.
We then looked around the vehicle, and took it for a test drive, during which time I again asked several questions about the 4WD system and even remarked, as we drove down a wet leaf covered road, that we "should be ok because of the 4WD system"! Again, not one mention that this vehicle was not 4WD.
It was a great car, so I purchased it there and then, trading my older car in on it. Deal done, I drove happily away. A couple of days later, I was driving around a roundabout in the rain, and the back end slipped a bit. Thinking it a bit strange for a 4WD to do that, I took it to my friend who runs a garage and he looked it. This is not a 4WD version, he said.
I immediately emailed the salesman at the dealers who had sold me the car and said that I thought I was buying a 4WD, we discussed my requirements as being 4WD, and we even spoke about the system on the test drive. I did not get a reply from him, but rather the MD of the group saying that it was advertised in Auto Trader as being 2WD (he sent me a copy of a page further into the advert, which I had not seen, which said 2wd in small grey letters) and therefore it was sold correctly.
I replied that I thought it was 4WD, I told the sales person that I needed a 4WD and that we discussed the 4WD capabilities of the vehicle in depth, therefore I assumed that I was being sold a 4WD car.
Despite sending further correspondence, I have had no reponse from them in over two weeks. Where do I stand legally, and what should my next move be? I believe that I have been mis-sold this vehicle - surely it it up to the sales person to listen to the customer and act upon their needs and instruction?
I now have a lovely vehicle, but it is totally useless to me for the purposes intended. Can I demand a refund or ask them to supply the vehicle that I asked for? If they take this one back, I don't mind if I have to pay a small charge to get the correct vehicle from them. In the meantime, I have no alternative than to use the car as it is my only means of transprt. Does this exacerbate the return/refund scenario?
The general way of advertising, from my observations, is that as the Antara is a 4WD vehicle, if it is only 2WD (as some models are) the seller puts'2WD'in the Title section of the advert, so the purchaser knows straight away that it is not a 4WD. This particular advert did not say it was a 2WD, nor could I see it in the main description, so I arranged a visit to see it.
The dealer was 200 miles from my home, so I wanted to make sure that the car was up to my expectations before I left. I could not see anything untoward or that concerned me. Upon arrival at the dealers, I was greeted by a young salesman. We sat down, before seeing the car, and discussed the car in general. I told him that my main reason for buying the Anatara was it's 4WD capability, and how important it was to my business to be able to drive off-road. At no point did he mention that the model I was looking at was only 2WD.
We then looked around the vehicle, and took it for a test drive, during which time I again asked several questions about the 4WD system and even remarked, as we drove down a wet leaf covered road, that we "should be ok because of the 4WD system"! Again, not one mention that this vehicle was not 4WD.
It was a great car, so I purchased it there and then, trading my older car in on it. Deal done, I drove happily away. A couple of days later, I was driving around a roundabout in the rain, and the back end slipped a bit. Thinking it a bit strange for a 4WD to do that, I took it to my friend who runs a garage and he looked it. This is not a 4WD version, he said.
I immediately emailed the salesman at the dealers who had sold me the car and said that I thought I was buying a 4WD, we discussed my requirements as being 4WD, and we even spoke about the system on the test drive. I did not get a reply from him, but rather the MD of the group saying that it was advertised in Auto Trader as being 2WD (he sent me a copy of a page further into the advert, which I had not seen, which said 2wd in small grey letters) and therefore it was sold correctly.
I replied that I thought it was 4WD, I told the sales person that I needed a 4WD and that we discussed the 4WD capabilities of the vehicle in depth, therefore I assumed that I was being sold a 4WD car.
Despite sending further correspondence, I have had no reponse from them in over two weeks. Where do I stand legally, and what should my next move be? I believe that I have been mis-sold this vehicle - surely it it up to the sales person to listen to the customer and act upon their needs and instruction?
I now have a lovely vehicle, but it is totally useless to me for the purposes intended. Can I demand a refund or ask them to supply the vehicle that I asked for? If they take this one back, I don't mind if I have to pay a small charge to get the correct vehicle from them. In the meantime, I have no alternative than to use the car as it is my only means of transprt. Does this exacerbate the return/refund scenario?
0
Comments
-
This is, from your description of needing it for your business, not a business to consumer transaction but a business to business transaction.
This weakness your position somewhat. You also say the advert does say it's 2wd. Anything that isn't in writing becomes your word against theirs.
As this is a business deal you might want to see a solicitor. Your position does not seem strong at all.0 -
So you bought a car that was not advertised as having 4WD and upset because it does not have 4WD?
4WD does not prevent the back end slipping. Tyres still lose grip whether its 2WD or 4WD.
4WD is not a badge from god saying you will never crash. You will still slide off the road, but have a better chance of having some extra traction to get back onto the road.Censorship Reigns Supreme in Troll City...0 -
Sounds like you bought the wrong car. If 4x4 is that important you should have bought a decent 4x4. That means not a Vauxhall.0
-
The thread title is misleading. It should read "Bought the wrong car".0
-
This exact same 2wd/4wd thing happened to someone a while ago, try a forum search to see how it panned out.I want to go back to The Olden Days, when every single thing that I can think of was better.....
(except air quality and Medical Science
)0 -
Frustrating for sure. the young salesman messed up (or was very good) but there is nothing you can do IMO. It seems that at no point did he actually say that you are purchasing a 4WD.
Notwithstanding the B2B issue, you can't carry on using a car that you intend to return. That's a mute point anyway as the advert was accurate and you should have checked the spec and not assumed anything (especially when buying a used car).0 -
TuppenceWorth wrote: »That's a mute moot point
#OneOfMyBiggestBugbears :mad:0 -
Sorry dude and thanks...:beer:
I'm known as a grammar nazi myself!0 -
On another note...
Why would a front wheel drive car have the back end slide out on a roundabout as the OP describes?0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 348.8K Banking & Borrowing
- 252.3K Reduce Debt & Boost Income
- 452.6K Spending & Discounts
- 241.6K Work, Benefits & Business
- 618.2K Mortgages, Homes & Bills
- 175.9K Life & Family
- 254.7K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.1K Discuss & Feedback
- 15.1K Coronavirus Support Boards