Used car from main dealer missing standard trim features - right to return?

Spacker

Hi,

My sister was after a replacement car after hers was stolen. A dealer called her to let her know he'd found a car for her with a model variant that is advertised nationally with a specific standard trim level - what should be included in this trim was: electric adjustable steering wheel, wireless charging pad, and some fancy LED headlights. This specific car was never advertised, just offered directly.

They sent her the car specs, because she knew what this model had has standard she didn't pay a lot of attention to it and the standard photo attached showed these headlights. She did the deal over the phone and online, only going to the dealer to collect the car. She questioned why it didn't have the wireless charging pad and was told "This particular one doesn't have that" - they neglected to tell her that this was a covid built model which was put together with what options there were able to included so, out of the standard trim, they didn't put in the LED lights, electric adjust steering wheel, and the charging pad.

Once home and she realised this, did some online research found out about the covid model variants and contacted the dealer stating she wanted to return it as it wasn't the trim level that model should have. They didn't reply. She's tried escalating with little response until the last day where they have said she can't return it unless she buys a brand new model. Does she have any comeback on this?

Wonka_2

What sort of 'dealer' ? Main franchised for the brand who should have known and where the sale is covered under an 'approved used' guarantee ? Or a car supermarket/generic dealer who may not know and are only going by the literature they have ?

Did she see any real pics/videos of the car and did the detail sent by dealer show those items (and if so did it include a caveat re the spec/omissions etc ?

And finally is there a finance company involved (even if credit card for a deposit) or did she pay cash ?

It could be rejected if the missing items were shown as being fitted but depending on the dealer it's unlikely to be an easy ride alone - with a finance company's backing it could be easier

And having re-read your post and seen she visited the dealer to collect it makes things a bit more difficult - it would have been much easier if she'd rejected at the time of collection

Olinda99

for me all the things she was told were part of the pre-contract information and thus should form part of the contract unless the contract specifically says 'don't rely on anything you've been told' !

tacpot12

I think she does have the right to a full refund, but she will need to stop driving the car immediately.

If the car was described as a YYYY xxx yyy zzz where YYYY is the model year, xxx is the manufacturer, yyy is the model and zzz is the trim level, she has a reasonable expectation that all the features for that trim level are included, but the firm may argue that it was her job to check whether cars of that model year and trim level had those features. The manufacturer's information should be the definitive source of what equipment is included in the trim.

Given the fact that some 'Covid' models didn't include all the features, and this would not have been common knowledge to a retail customer, the dealer should have made it clear either what features were missing, or that the feature set was likley to be incomplete, so that the customer could make further enquiries if they were bothered. If they didn't do this, they have mis-described the car, IMHO.

If you sister has home insurance, she should check to see if she has legal expenses cover. If she does, she can call the legal helpline provided by her insurer for professional legal advice. They may evenwrite a letter to the dealer setting out their view of the strength of your sister's case.

You might be able to help her case if you can find the official manufacturer's specfication for the trim level for that model year of car - you might need to decode the VIN, and you might need to get friendly with another main dealer to obtain this information. Alternatively the manufacturer might release the information to you if they understand that your sister is a customer of their brand. 

visidigi

Did your sister specifically ask for specification that is missing, or merely the model number. 

In the documentation the dealer sent over email/provided electronically what do the terms state?

Lots of manufacturers have adjust specifications during COVID, this is going to be a total minefield for cars built 2019-2022 - so I would imagine the dealers have covered themselves sufficiently here.

JaneJetson

Wonka_2 said:

What sort of 'dealer' ? Main franchised for the brand who should have known and where the sale is covered under an 'approved used' guarantee ? Or a car supermarket/generic dealer who may not know and are only going by the literature they have ?

Did she see any real pics/videos of the car and did the detail sent by dealer show those items (and if so did it include a caveat re the spec/omissions etc ?

And finally is there a finance company involved (even if credit card for a deposit) or did she pay cash ?

It could be rejected if the missing items were shown as being fitted but depending on the dealer it's unlikely to be an easy ride alone - with a finance company's backing it could be easier

And having re-read your post and seen she visited the dealer to collect it makes things a bit more difficult - it would have been much easier if she'd rejected at the time of collection

It as through a main dealer who of course knew and didnt mention it to me. I didnt receive any actual pictures or videos, the computer generated one with the VIN spec was sent to me only, however the generic picture showed the lights which didnt come with my car. The only way we knew about the lighting was when I was driving and my husband who was infornt of me asked me about the lack of detailing on it. VW finance was used for the purchase of the car. 

tacpot12 said:

I think she does have the right to a full refund, but she will need to stop driving the car immediately.

If the car was described as a YYYY xxx yyy zzz where YYYY is the model year, xxx is the manufacturer, yyy is the model and zzz is the trim level, she has a reasonable expectation that all the features for that trim level are included, but the firm may argue that it was her job to check whether cars of that model year and trim level had those features. The manufacturer's information should be the definitive source of what equipment is included in the trim.

Given the fact that some 'Covid' models didn't include all the features, and this would not have been common knowledge to a retail customer, the dealer should have made it clear either what features were missing, or that the feature set was likley to be incomplete, so that the customer could make further enquiries if they were bothered. If they didn't do this, they have mis-described the car, IMHO.

If you sister has home insurance, she should check to see if she has legal expenses cover. If she does, she can call the legal helpline provided by her insurer for professional legal advice. They may evenwrite a letter to the dealer setting out their view of the strength of your sister's case.

You might be able to help her case if you can find the official manufacturer's specfication for the trim level for that model year of car - you might need to decode the VIN, and you might need to get friendly with another main dealer to obtain this information. Alternatively the manufacturer might release the information to you if they understand that your sister is a customer of their brand. 

I havent driven the car at all since I realised the issue. The car was sold to me as a Vorsprung and I wasnt aware there was a spec that had some items omitted, therefore never questioned it. I was sent the VIN spec when I ordered the car, but this was attached to computer generated pictures of the car alongisde it, so when I read LED VOrsprung PAckage Lighting kit, I assumed it was the lighting it should have had, due to the picture and also due to the fact I had no reason to question it. When I sent them the email to prove I had the right to return the car, they claimed the pictures were generic and I should have looked at the VIN spec sent with it

ArbitraryRandom

I don't know enough about buying cars to fairly evaluate the merits of your argument, but the two things that stand out to me from the OP and your post as possible weaknesses are:

- you could recognise the lights from a stock image and knew about the wireless charger, but didn't see they were missing when you collected/inspected the car in person and,

- the detail of what was included was sent to you in advance but you didn't read the paperwork because you assumed it was the same as you had seen advertised. 

Robbo66

Spacker said:

Hi,

My sister was after a replacement car after hers was stolen. A dealer called her to let her know he'd found a car for her with a model variant that is advertised nationally with a specific standard trim level - what should be included in this trim was: electric adjustable steering wheel, wireless charging pad, and some fancy LED headlights. This specific car was never advertised, just offered directly.

They sent her the car specs, because she knew what this model had has standard she didn't pay a lot of attention to it and the standard photo attached showed these headlights. She did the deal over the phone and online, only going to the dealer to collect the car. She questioned why it didn't have the wireless charging pad and was told "This particular one doesn't have that" - they neglected to tell her that this was a covid built model which was put together with what options there were able to included so, out of the standard trim, they didn't put in the LED lights, electric adjust steering wheel, and the charging pad.

Once home and she realised this, did some online research found out about the covid model variants and contacted the dealer stating she wanted to return it as it wasn't the trim level that model should have. They didn't reply. She's tried escalating with little response until the last day where they have said she can't return it unless she buys a brand new model. Does she have any comeback on this?

I think you are on a hiding to nothing, it was well know that during covid manufacturers revised the specs for some trim levels. Your sister was sent the exact specs of the car and chose not to look at it, the dealer in my opinion did all they needed to do.

Jumblebumble

Olinda99 said:

for me all the things she was told were part of the pre-contract information and thus should form part of the contract unless the contract specifically says 'don't rely on anything you've been told' !

tacpot12 said:

I think she does have the right to a full refund, but she will need to stop driving the car immediately.

If the car was described as a YYYY xxx yyy zzz where YYYY is the model year, xxx is the manufacturer, yyy is the model and zzz is the trim level, she has a reasonable expectation that all the features for that trim level are included, but the firm may argue that it was her job to check whether cars of that model year and trim level had those features. The manufacturer's information should be the definitive source of what equipment is included in the trim.

Given the fact that some 'Covid' models didn't include all the features, and this would not have been common knowledge to a retail customer, the dealer should have made it clear either what features were missing, or that the feature set was likley to be incomplete, so that the customer could make further enquiries if they were bothered. If they didn't do this, they have mis-described the car, IMHO.

If you sister has home insurance, she should check to see if she has legal expenses cover. If she does, she can call the legal helpline provided by her insurer for professional legal advice. They may evenwrite a letter to the dealer setting out their view of the strength of your sister's case.

You might be able to help her case if you can find the official manufacturer's specfication for the trim level for that model year of car - you might need to decode the VIN, and you might need to get friendly with another main dealer to obtain this information. Alternatively the manufacturer might release the information to you if they understand that your sister is a customer of their brand. 

How can someone who sends a full list of specs possibly be accused of  mis describing anything if the car meets those specs.
By sending the spec the dealer has made it crystal clear as to what is included and what is not included
It is irrelevant as to whether a spec change is common knowledge if the OP has been told the spec.
It is on the OP to decide if they ignored the specs or not