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Car not as advertised
Hi
My daughter bought a car from carsa, online it was advertised with low milage , one owner, parking sensors etc, she test drove it and bought it. once home she noticed the sensors were missing and contacted the branch only to be told that the advert with her car on was a general description of the car and it was up to her to check each detail.
She realises that this was an error on her part but assumed because it was in the description it was included. The garage is refusing to back down saying she should have looked at the small print, but the amount of jargon was ridiciulous.
The consumer rights act 2015 states it must be as described on the website
where do we stand. Katy
Comments
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You can reject the car within 30 days if it is 'not as described'. Did you pay all/part on a credit card?
Can you provide a link to the advert (or similar on their site)?
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yes the car was pictured along with the spec etc.
i would expect each advert to be about that specific car not just general information
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Which car?
Life in the slow lane0 -
Can you provide a link? Or tell us the name of the car dealer...
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Car dealer is carsa👍
Life in the slow lane0 -
They do have the following disclaimer on their car listings. I would guess they will argue that if the parking sensors were a critical feature, you should have checked them at the test drive. You could still argue the car is not as described, but it isn't clear cut so you may have a fight on your hands.
About these features
The list here comes from trusted third-party data, but each car is unique and some details might differ slightly. Some features such as Apple CarPlay may need a subscription. Give us a call if you have any questions.
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I've looked at their site and a few of the cars on it.
For each car I looked at, parking sensors (if present) are listed on a page called 'Basic features'. Also on that page is this:
About these features
The list here comes from trusted third-party data, but each car is unique and some details might differ slightly. Some features such as Apple CarPlay may need a subscription. Give us a call if you have any questions.Car models have such a variety of 'features' these days that I don't think that is unreasonable.
Carsa advertise their cars nationwide but say they bring any car to a showroom near you without obligation for you to examine, for a fully refundable fee of about £39.
The CRA says you cannot claim for a 'nonconformance' if it was obvious to you on examination before you decided to buy.
On the test drive, your daughter could have said 'I'll test the parking sensors now' and driven slowly towards the plate glass of the showroom window, until the salesman pulled on the handbrake and said, 'There aren't any.'
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I don't think that applies.
I don't understand this to have been a remote purchase as the OP states "she test drove it and bought it. once home she noticed the sensors were missing and contacted the branch". This sounds like an in person purchase at the car dealer's site. I think the average person would be able to assess the presence or otherwise of parking sensors as part of a test drive and looking around the car.
Rubykb4Posts:2NewbieToday at 2:37PMHiMy daughter bought a car from carsa, online it was advertised with low milage , one owner, parking sensors etc, she test drove it and bought it. once home she noticed the sensors were missing and contacted the branch only to be told that the advert with her car on was a general description of the car and it was up to her to check each detail.She realises that this was an error on her part but assumed because it was in the description it was included. The garage is refusing to back down saying she should have looked at the small print, but the amount of jargon was ridiciulous.The consumer rights act 2015 states it must be as described on the websitewhere do we stand. Katy0 -
Whatever the rights or wrongs in this particular case, I don't feel it is reasonable that dealers can just list features that some other source told them the car had and then say Ha Ha sorry, you should have checked for yourself.
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Thankyou, yes in hindsight we should have checked every single detail that the carsa website states the car has. But thats in the past, so i was just wondering if we have got a leg to stand on when they come back and say we should have tested the sensors being there or not. The bottom line is that Carsa should not have sold a car which is mis-advertised 🤷♀️ and whether our consumer rights will back us being able to claim for Carsa to pay for the Car Sensors as they shouldve been included
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