Car dealer false advertising refused refund

born_again

What age & mileage are you talking about?

Also they told us today that they have a disclaimer on their autotrader advert that states its not their fault if a vehicle they sell does not match the advertised discriprition .

That is there, as they pull the spec of the cars. having no idea if anything has been changed, as well as may not have been the exact spec of the car at that point in time, given the number of different spec manufactures have at any one point in time.

Did you check that everything worked when looking at car? As a aftermarket head unit would be nothing like a factory fit one.

Okell

Acedrive said:

pinkshoes said:

Acedrive said:

I have stated that the dealer fitted it, an aftermarket unit from Aliexpress is not an upgrade in my mind,,and because of this unit fitted, the heated seats do not function nor does the cars usb port work either.

OK, so now you've listed something that is evidence that the car is not functioning as it should. I assume these were listed in the advert? (sorry, too tired to read the advert). A little more feasible than just the radio not functioning.

You will need to outline clearly in your letter before action what EXACTLY you are rejecting the car for, giving them a deadline for when you want your refund. Personally I would have had an independent expert look over the car to highlight everything that didn't work against the advert. Bit late for that, and taking it back once you've rejected it doesn't look good. 

Your refund needs to reflect any mileage driven. How far have you driven it in the three weeks you've owned it? If it's less than 50 miles then a full refund is appropriate. If you've done 100s of miles then you need to pay for this usage. 

... Also they told us today that they have a disclaimer on their autotrader advert that states its not their fault if a vehicle they sell does not match the advertised discriprition .

So long as they are a trader (ie selling the vehicle as part of their business or trade) then such a disclaimer is meaningless and they cannot enforce it against you as a consumer.  In fact it might be a criminal offence (enforceable by trading standards) under the Consumer Protection from Unfair Trading Regulations even to have such a disclaimer.

@Acedrive -  what to me is the issue is not whether they advertised the vehicle as having an aftermarket screen/system (although personally I think they should have done) but whether (1) the vehicle has all the features functioning that that model Jeep could reasonably be expected to have, and (2) whether the description was correct.

If your car doesn't satisfy (1) and (2) then I'd argue that you have a case for rejection*.

The advert says it has heated front seats.  You say it doesn't.  Therefore it is not as described.  What has the trader told you about this?  Is it because they don't work or because you don't know how to operate them?

In what other ways does the car fail to satisfy (1) and (2)?

Obviously if you can demonstrate that some of the "reasonably to be expected" or advertised features do not work properly because of the aftermarket screen/system, you have a stronger case.



*But have you taken the car back from them after you said you were rejecting?  That rather undermines your whole case for rejection...

Acedrive

Grumpy_chap said:

Acedrive said:

I have stated that the dealer fitted it, an aftermarket unit from Aliexpress is not an upgrade in my mind,,and because of this unit fitted, the heated seats do not function nor does the cars usb port work either.

How do you know that the Dealer fitted the after-market display unit?
It may have been fitted by a previous owner of the car and the Dealer may not have known - it is obviously not that different (visually) from the standard fit unit otherwise you would have noticed from the test drive.

Whether the aftermarket unit is an upgrade or not is really rather moot - unable to prove either way as "upgrade" can be subjective.

I still don't think the after-market display is necessarily a sufficient grounds to reject the car.
Rather than raising your concerns about the display unit being an after-market exchange, your compliant may have more grounds if raised around the specific features that are not functioning.  The Dealer may be able to provide instructions how these features are operated, or the root cause of the features not operating may be unrelated to the display unit.  The root causes may then be resolved under either warranty or consumer rights.

I have already written that the dealer had the screen fitted, as confirmed by the dealer, otherwise I would not have stated that.

Acedrive

born_again said:

What age & mileage are you talking about?

Also they told us today that they have a disclaimer on their autotrader advert that states its not their fault if a vehicle they sell does not match the advertised discriprition .

That is there, as they pull the spec of the cars. having no idea if anything has been changed, as well as may not have been the exact spec of the car at that point in time, given the number of different spec manufactures have at any one point in time.

Did you check that everything worked when looking at car? As a aftermarket head unit would be nothing like a factory fit one.

2018, 44,000 on the clock, its a limited model so top of the range, ie heated seats, no we did not check everything worked on the car, but hey, heated seats oir the USB port do not work, I would like to think they will cover that after 11 days of physical ownership, oh but hang on they had the screen change  which has caused these problems.

Acedrive

Okell said:

Acedrive said:

pinkshoes said:

Acedrive said:

I have stated that the dealer fitted it, an aftermarket unit from Aliexpress is not an upgrade in my mind,,and because of this unit fitted, the heated seats do not function nor does the cars usb port work either.

OK, so now you've listed something that is evidence that the car is not functioning as it should. I assume these were listed in the advert? (sorry, too tired to read the advert). A little more feasible than just the radio not functioning.

You will need to outline clearly in your letter before action what EXACTLY you are rejecting the car for, giving them a deadline for when you want your refund. Personally I would have had an independent expert look over the car to highlight everything that didn't work against the advert. Bit late for that, and taking it back once you've rejected it doesn't look good. 

Your refund needs to reflect any mileage driven. How far have you driven it in the three weeks you've owned it? If it's less than 50 miles then a full refund is appropriate. If you've done 100s of miles then you need to pay for this usage. 

... Also they told us today that they have a disclaimer on their autotrader advert that states its not their fault if a vehicle they sell does not match the advertised discriprition .

So long as they are a trader (ie selling the vehicle as part of their business or trade) then such a disclaimer is meaningless and they cannot enforce it against you as a consumer.  In fact it might be a criminal offence (enforceable by trading standards) under the Consumer Protection from Unfair Trading Regulations even to have such a disclaimer.

@Acedrive -  what to me is the issue is not whether they advertised the vehicle as having an aftermarket screen/system (although personally I think they should have done) but whether (1) the vehicle has all the features functioning that that model Jeep could reasonably be expected to have, and (2) whether the description was correct.

If your car doesn't satisfy (1) and (2) then I'd argue that you have a case for rejection*.

The advert says it has heated front seats.  You say it doesn't.  Therefore it is not as described.  What has the trader told you about this?  Is it because they don't work or because you don't know how to operate them?

In what other ways does the car fail to satisfy (1) and (2)?

Obviously if you can demonstrate that some of the "reasonably to be expected" or advertised features do not work properly because of the aftermarket screen/system, you have a stronger case.



*But have you taken the car back from them after you said you were rejecting?  That rather undermines your whole case for rejection...

sorry their disclaimer is on their website, and it reads "Every effort has been made to ensure the accuracy of the above information but errors may occur. Please check with a salesperson."
The car has heated front seats as described in their advert on autotrader, they now do not operate because of the fitment of an aftermarket screen that has some function limitations. probably because of the lack of wiring from the back of the unit.

Grumpy_chap

Acedrive said:

Grumpy_chap said:

Acedrive said:

I have stated that the dealer fitted it, an aftermarket unit from Aliexpress is not an upgrade in my mind,,and because of this unit fitted, the heated seats do not function nor does the cars usb port work either.

How do you know that the Dealer fitted the after-market display unit?
It may have been fitted by a previous owner of the car and the Dealer may not have known - it is obviously not that different (visually) from the standard fit unit otherwise you would have noticed from the test drive.

Whether the aftermarket unit is an upgrade or not is really rather moot - unable to prove either way as "upgrade" can be subjective.

I still don't think the after-market display is necessarily a sufficient grounds to reject the car.
Rather than raising your concerns about the display unit being an after-market exchange, your compliant may have more grounds if raised around the specific features that are not functioning.  The Dealer may be able to provide instructions how these features are operated, or the root cause of the features not operating may be unrelated to the display unit.  The root causes may then be resolved under either warranty or consumer rights.

I have already written that the dealer had the screen fitted, as confirmed by the dealer, otherwise I would not have stated that.

OK - but I still am not convinced that the head unit is grounds to reject the car.

The Dealer has purchased a car at auction and found it has a faulty head unit so fitted a replacement.

The core issue you have is that the USB ports and the heated seats do not work.
Have you requested these faults to be rectified, rather than objecting to the screen unit and / or seeking to reject the car?

born_again

If head unit was not working when they got the car. Pretty sure that they wound not be spending 4 figures for a new factory unit.
Even on ebay they are a couple of hundred.

daveyjp

Its an unfortunate fact of life that if any seller relies on caveats or disclaimers about accuracy of any information your only option is to do your own due diligence before purchase.

Have the advert at hand when you go and view the car and tick off everything you are expecting and need to be fitted, then ensure everything actually works. Rejection before purchase is far easier than afterwards. 

Ectophile

There seem to be some ridiculous statements here by people who argue that if you buy a used car, you deserve all you get.  The car may be missing features in the advert but that;'s the buyer's fault.

A motor trader is responsible for knowing what they are selling.  They are expected to be the experts.  Some weasel wording disclaimer in the advert isn't good enough.

Acedrive

Grumpy_chap said:

Acedrive said:

Grumpy_chap said:

Acedrive said:

I have stated that the dealer fitted it, an aftermarket unit from Aliexpress is not an upgrade in my mind,,and because of this unit fitted, the heated seats do not function nor does the cars usb port work either.

How do you know that the Dealer fitted the after-market display unit?
It may have been fitted by a previous owner of the car and the Dealer may not have known - it is obviously not that different (visually) from the standard fit unit otherwise you would have noticed from the test drive.

Whether the aftermarket unit is an upgrade or not is really rather moot - unable to prove either way as "upgrade" can be subjective.

I still don't think the after-market display is necessarily a sufficient grounds to reject the car.
Rather than raising your concerns about the display unit being an after-market exchange, your compliant may have more grounds if raised around the specific features that are not functioning.  The Dealer may be able to provide instructions how these features are operated, or the root cause of the features not operating may be unrelated to the display unit.  The root causes may then be resolved under either warranty or consumer rights.

I have already written that the dealer had the screen fitted, as confirmed by the dealer, otherwise I would not have stated that.

OK - but I still am not convinced that the head unit is grounds to reject the car.

The Dealer has purchased a car at auction and found it has a faulty head unit so fitted a replacement.

The core issue you have is that the USB ports and the heated seats do not work.
Have you requested these faults to be rectified, rather than objecting to the screen unit and / or seeking to reject the car?

The car was a trade in, the dealer told us this, I asked if the  heated seats were not working would they be fixed, he said no because they will not work with the screen that has been fitted, which we were told after the purchase, I'm not seeking to reject the car on the info screen alone, rather more importantly because of features the car has that will not work simply because they have had a cheap screen fitted.

Example of consumer rights 2015,

 Hilary bought a washing machine yesterday from WashALot Plc. It was advertised to wash clothes on a quick setting within 60 minutes. However it doesn't fill with water and so won't clean her clothes. This product is not therefore fit for purpose, is faulty, and doesn't match the description of washing clothes within 60 minutes. Hilary would therefore have rights against WashALot Plc under The Consumer Rights Act 2015.

So our car is fitted and advertised with heated seats, the seats will not switch on because of limitations of the screen.