Bought second hand car from garage

monaymadlol

Hi where do i stand on this. Sold as seen and my fault or can the car be returned?

It is missing a parking and media feature that was advertised 

The advert was on auto trader prepopulated 

When i collected and mentioned the parking feature,  having noticed when driving feature,  I asked them and they said sometimes the advert can be inaccurate and they can't amend the ads. 

Now a key media feature is missing. 

So my fault or do I have a case?

Paid on credit card

Thanks 

Alderbank

I have no idea what you are saying.

How about giving us a simple chronological account of what happened when you bought a secondhand car from a garage?

monaymadlol

Thought it was obvious/clear 

Bought a used car few days ago,  realised it had 2 features missing that were stated in the auto trader ad

Paid by cc, do I have a case against miss selling and getting a refund?

Yes I don't think it was deliberate by the garage and yes I took it for granted rather than double checking 

QrizB

monaymadlol said:

When i collected and mentioned the parking feature,  having noticed when driving feature,  I asked them and they said sometimes the advert can be inaccurate and they can't amend the ads. 

Was this before or after you paid?
Did you purchase on their premises, or was this a distance contract?

monaymadlol

QrizB said:

monaymadlol said:

When i collected and mentioned the parking feature,  having noticed when driving feature,  I asked them and they said sometimes the advert can be inaccurate and they can't amend the ads. 

Was this before or after you paid?
Did you purchase on their premises, or was this a distance contract?

After I paid, and I bought it in person. Advert now been removed. Under the consumer rights act, do I have any legs to stand on for a refund being under a month, or should I have done more due diligence rather than assume as it was stated on the ad?

Okell

Bring it back (and stop using it)

Tell them you are exercising your short-term right to reject within 30 days under the Consumer Rights Act 2015 for a full refund.

In order to exercise this right you have to establish that the car does not conform to contract.  You will tell them that the car is in breach of s11 of the above legislation as it is not "as described".   (ie it is missing features described in the advert)

If they argue the missing features are unimportant or insignificant then ask them why those features were considered sufficiently important or significant to be included in the advert in the first place

When you exercise the short term right to reject you are entitled to a full refund - don't let the seller try to charge you for "use" or mileage

The seller is responsible for adverts of cars they sell.

Note: The seller might offer to fix these features for you.  If you are otherwise happy with the car you might want them to do this.  If you agree to a fix the 30 day short term rejection window is paused until you get the car back

monaymadlol said:

Thought it was obvious/clear 

Bought a used car few days ago, ...

Nothing was really obvious or clear, especially how long ago you bought it.

Date of purchase is always a crucial detail

TELLIT01

In his initial post the OP say he purchased the car 'sold as seen'.

Grumpy_chap

Okell said:

In order to exercise this right you have to establish that the car does not conform to contract.  You will tell them that the car is in breach of s11 of the above legislation as it is not "as described".   (ie it is missing features described in the advert)

To what extent does the Auto Trader listing detail the car features?

Looking at a random listing ( https://www.autotrader.co.uk/car-details/202508085267075 )
there is a "Description" which I assume is written specifically by the Dealer and there is also a "view spec and features" button and a note under "about this advert" which reads:
The data displayed above details the usual specification of the most recent model of this vehicle. It is not the exact data for the actual vehicle being offered for sale and data for older models may vary slightly. We recommend you check the vehicle details with the seller before you buy.

So, for the Dealer listings, there is a semi-automated listing process which can lead to discrepancies between the listing details and the actual car.  Sometimes even extra options can result in the deletion of some feature - I recall a few years back looking for a Mondeo and, if the heated steering wheel was selected as an option, some other feature was deleted from the standard car specification.

The query the OP has seems remarkably similar to the query in this recent thread:
https://forums.moneysavingexpert.com/discussion/6625191/car-dealer-false-advertising-refused-refund/p1

I do think here, certainly with the parking feature that is apparently missing, the OP noticed and still concluded the purchase so no grounds there for any recompense.
What is the media feature that is missing?

monaymadlol

TELLIT01 said:

In his initial post the OP say he purchased the car 'sold as seen'.

No that's not what I said as a statement of fact, but posed as a question in the context of if I had a legal right to full refund 

monaymadlol

Grumpy_chap said:

Okell said:

In order to exercise this right you have to establish that the car does not conform to contract.  You will tell them that the car is in breach of s11 of the above legislation as it is not "as described".   (ie it is missing features described in the advert)

To what extent does the Auto Trader listing detail the car features?

Looking at a random listing ( https://www.autotrader.co.uk/car-details/202508085267075 )
there is a "Description" which I assume is written specifically by the Dealer and there is also a "view spec and features" button and a note under "about this advert" which reads:
The data displayed above details the usual specification of the most recent model of this vehicle. It is not the exact data for the actual vehicle being offered for sale and data for older models may vary slightly. We recommend you check the vehicle details with the seller before you buy.

So, for the Dealer listings, there is a semi-automated listing process which can lead to discrepancies between the listing details and the actual car.  Sometimes even extra options can result in the deletion of some feature - I recall a few years back looking for a Mondeo and, if the heated steering wheel was selected as an option, some other feature was deleted from the standard car specification.

The query the OP has seems remarkably similar to the query in this recent thread:
https://forums.moneysavingexpert.com/discussion/6625191/car-dealer-false-advertising-refused-refund/p1

I do think here, certainly with the parking feature that is apparently missing, the OP noticed and still concluded the purchase so no grounds there for any recompense.
What is the media feature that is missing?

So, you're saying, contrary to another poster and a few other threads that I've just been through,  that i have NO ground to reject the car within the alloted time frame per CRA 2015?

Grumpy_chap

monaymadlol said:

So, you're saying, contrary to another poster and a few other threads that I've just been through,  that i have NO ground to reject the car within the alloted time frame per CRA 2015?

I think I asked for some clarification, which you have not answered.
In fact, there are more queries that might have a bearing.

1. What is the key media feature that is missing?
2. If this feature was critical, why did you not check it worked prior to concluding the purchase?
3. What age, mileage, condition car is it?

I ask question 3, not because your consumer rights vary between and old or new car, but there is an element of "tempering" for age etc. 

If I purchased a 3 month old pre-reg car from a manufacturer's main dealer, I would expect the car to have all the features as per the correct model spec.  If I purchased a 10 year old car from an independent dealer, I might expect / tolerate a greater variance.

I think there can also be some issues around if the car was a "special edition" when it was first registered.  Often, all the listings for the "special edition" really just revert to the base model that was boosted to create the "special edition".  I know that was the case at one point with the Renault Laguna.  The base car had a sunroof, but the "special edition" had air conditioning but then no sunroof.  All the standard listings for that car listed the sunroof and not the air conditioning.  You might have a similar type of thing - that the standard feature is deleted to add in some enhanced feature.