Bought second hand car from garage

Beeblebr0x

TELLIT01 said:

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

Doesn't that apply solely to vehicles sold at auction? It seems to me the vendor is trying to duck their legal responsibilities.

caprikid1

Beeblebr0x said:

TELLIT01 said:

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

Doesn't that apply solely to vehicles sold at auction? It seems to me the vendor is trying to duck their legal responsibilities.

Any dealer selling a car "Sold as seen" is really useful, it tells me to Run and the try and Run faster.

Has absolutely no relevance for a B2C car sale but shady dealers still try and hide behind it.

monaymadlol

I tried to clarify the above re my perception of sold as seen but not sure anyone saw as there arw two further posts above this about it. See post at 7.53pm. 

I think I'll send a friendly message to the garage asking for a full refund and go from there 

Okell

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...

Thanks - I don't use Autotrader so didn't know that.

What I would say is that I'm not sure their attempt to exclude liability in respect of an incorrect "Description" would work, unless the dealer has pointed out the actual discepancy to the consumer before purchase.  I think it's up to the dealer to point out discrepancies, not for the consumer to ask if everything is there.  After all, the dealer must - or should - know what they're selling

Under s11 "Goods must be as described" unless any changes have been expressly agreed with the consumer. 

I'd think any feature considered worthy or significant enough of being in an advert is a breach under s11 if it isn't present.

(On the other hand, under s9 "goods must be of satisfactory quality", there is an exemption in respect of any "faults" which the consumer should have discovered on examination.)

Or at least the above is my understanding of s11 but I could very well be wrong.

LightFlare

It’s very hard to get accurate/pertinent advice untill the following info is known:

a) cost/age/price of the vehicle
b) exactly what the “fault” is

make and manufacturer may also be useful as there maybe a common fault/solution

monaymadlol

LightFlare said:

It’s very hard to get accurate/pertinent advice untill the following info is known:

a) cost/age/price of the vehicle
b) exactly what the “fault” is

make and manufacturer may also be useful as there maybe a common fault/solution

There is no 'fault'; its missing features that were advertised 

Can you explain how the information such as price, age, mileage etc is important,  ie every bit of information that would be give me away if they were reading this?

I have already said that I will try for a refund based on CRA.

sheramber

So you are not wanting To return the car because you wantedthe missing features.

After all, you knew the parking feature was not on the car before you drove it away. If you wanted that feature It would have been better to have rejected the car at that time rather than accepting with it missing and now deciding it matters. 

You want to return it because it doesn’t have items that the advert quoted. 

Sounds more like buyer’s remorse and looking for a reason to reject. 

prowla

monaymadlol said:

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 

My opinion is that you accepted the car as-is: you say you questioned it and the salesperson said that the ad was incorrect.

Therefore you collected it and drove away knowing that the feature wasn't there.

There might be some mileage in complaining and seeing if they'll do something for you, but I wouldn't hold out much hope.

As per one or two other posts, it may be an optional feature which found its way into the listing, but I think the above covers such an error).

It's occurred to me that some of these optional features may be built in to the vehicle but only enabled via a subscription or extra charge; I don't know if they can be added retrospectively (either by main dealer or a third party).

monaymadlol

sheramber said:

So you are not wanting To return the car because you wantedthe missing features.

After all, you knew the parking feature was not on the car before you drove it away. If you wanted that feature It would have been better to have rejected the car at that time rather than accepting with it missing and now deciding it matters. 

You want to return it because it doesn’t have items that the advert quoted. 

Sounds more like buyer’s remorse and looking for a reason to reject. 

Huh? First sentence is incoherent. Who said i was not wanting to return the car? I said the opposite,  I will be returning it.

Secondly,  a) i was not aware of my right to reject after having paid for it, only after subsequent research, b) I can still reject it after, c) I could cope with 1 feature missing but not 2 or potentially more- so yes, not as advertised 

monaymadlol

prowla said:

monaymadlol said:

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 

My opinion is that you accepted the car as-is: you say you questioned it and the salesperson said that the ad was incorrect.

Therefore you collected it and drove away knowing that the feature wasn't there.

There might be some mileage in complaining and seeing if they'll do something for you, but I wouldn't hold out much hope.

As per one or two other posts, it may be an optional feature which found its way into the listing, but I think the above covers such an error).

It's occurred to me that some of these optional features may be built in to the vehicle but only enabled via a subscription or extra charge; I don't know if they can be added retrospectively (either by main dealer or a third party).

Exactly,  the ad was on incorrect. It should have been correct or the burden was on them to outline any discrepancies too. Point is, the description did not match the car, and under CRA I should be seeking a full refund.