Family out car hunting, see nice 18 month old car at main dealers,20k miles, 12k pounds,dealer gives them detail sheet stating 1 owner.When asked can they see paperwork they are told Its the weekend,reg doc in another part of building.Any way they buy car, all ok, until reg doc comes back from swansea-3 previous owners.Can they reject car and get refund, or dealer has suggested a free service.What would you do?
car dealers
- Thread starter philby2
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In my opinion they should refuse the vehicle. They had a verbal contract, backed up by a written document, stating that the vehicle is one owner, and they made their decision based on those facts. A free service, to cover lying and deceitful practices, is laughable and should be rejected outright.
Ask for a substancial reduction in the price of the car commesurate with the 2 extra owners or reject the car under the sale of goods act. Make sure they take notes of any conversations with the garage and if still not satisfied warn the garage that they will get Trading standards involved.
I also reckon a a gesture of goodwill from the garage is deserved making up for the time wasted.
Cheeky Buggers have been caught out haven't they
I also reckon a a gesture of goodwill from the garage is deserved making up for the time wasted.
Cheeky Buggers have been caught out haven't they
I wonder if the buyers should have bought without seeing the documents?
Its always standard advice to read small print and all relevant documents before signing any contract, so I wonder if they have any sort of claim now.
The dealer, could have made a genuine mistake, and unless there was specific enticement or intentional misleading statements made to secure the sale there and then, then could there be any claim?
Is the detail sheet a legally binding part of the contract - probably not - more likely for "information only".
Certainly protest. The basis for any price reduction is the differential in value between a 1 and 3 owner vehicle, but that cant be very much.
The dealer could argue that the vehicle was in fact priced as a 3 owner vehicle and the detail sheet was wrong but the price was not
Its always standard advice to read small print and all relevant documents before signing any contract, so I wonder if they have any sort of claim now.
The dealer, could have made a genuine mistake, and unless there was specific enticement or intentional misleading statements made to secure the sale there and then, then could there be any claim?
Is the detail sheet a legally binding part of the contract - probably not - more likely for "information only".
Certainly protest. The basis for any price reduction is the differential in value between a 1 and 3 owner vehicle, but that cant be very much.
The dealer could argue that the vehicle was in fact priced as a 3 owner vehicle and the detail sheet was wrong but the price was not
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It appears to me that whether in good faith or not, the garage is at fault for the car not being as described. If I wasn't made a decent offer, I'd be inclined to get my lawyer to write to them. The offer of a service amounts to nothing at all.
So if the car has been described as having had one owner then I'd say the buyer has a valid reason to reject it or claim compensation when the misrepresentation is uncovered. Three owners in just 18 months would put many people off. The car will be even more difficult to shift with four owners...
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This sort of situation crops up all the time & it is often difficult to insist on redress, as the claims of "one owner" are usually verbal only.
However, if you have written confirmation that the car purchased was one owner, then you have strong grounds (as has been suggested) to either insist on a refund commensurate with the value based on 2 extra owners or reject the vehicles under the sale of goods act as having been misrepresented.
If a car was sold on the promise of 50K miles and it had done 150, there would be an outcry. Why should it be different with the number of owners: that too affects the value.
However, if you have written confirmation that the car purchased was one owner, then you have strong grounds (as has been suggested) to either insist on a refund commensurate with the value based on 2 extra owners or reject the vehicles under the sale of goods act as having been misrepresented.
If a car was sold on the promise of 50K miles and it had done 150, there would be an outcry. Why should it be different with the number of owners: that too affects the value.
I doubt whether a verbal comment by a sales rep or the detail sheet are actually part of the contract.
The actual V5 document would be expected to have been seen and checked before purchase.
It would be different if the whole sale hinged on the number of owners, in which case the buyer could expect to rely on the dealers specific statements.
It really depends on whether the comment was a mistake or was intended to mislead.
If I was the dealer, I'd say the price was for a 3 owner car and the salesman just made a wrong comment, and so there was no actual loss to the buyer. How would the buyer prove otherwise?
The actual V5 document would be expected to have been seen and checked before purchase.
It would be different if the whole sale hinged on the number of owners, in which case the buyer could expect to rely on the dealers specific statements.
It really depends on whether the comment was a mistake or was intended to mislead.
If I was the dealer, I'd say the price was for a 3 owner car and the salesman just made a wrong comment, and so there was no actual loss to the buyer. How would the buyer prove otherwise?
Paper work of the dealer says one owner, his problem, he sold it to you as one owner, let him sort it.
You cannot describe a vehicle as being one thing and then sell it as something else. Trade descriptions act covers that, more info here
http://www.berr.gov.uk/files/file8156.pdf
A one owner car is infinitely more desirable than a 3 owner one. The resale value of the vehicle will be considerably influenced by this fact.
Do some research as to the cost of a 3 owner against a 1 owner and see what the difference is.
Are you happy with the vehicle apart from the 3 owner issue ?
If you are negotiate on the price with the dealer (they might have taken it in under the impression that it was a one owner vehicle) If you are not reject it and return it to the dealer ASAP.
There are plenty of organisations that will help you fight your corner your local CAB would be your first port of call.
http://www.berr.gov.uk/files/file8156.pdf
A one owner car is infinitely more desirable than a 3 owner one. The resale value of the vehicle will be considerably influenced by this fact.
Do some research as to the cost of a 3 owner against a 1 owner and see what the difference is.
Are you happy with the vehicle apart from the 3 owner issue ?
If you are negotiate on the price with the dealer (they might have taken it in under the impression that it was a one owner vehicle) If you are not reject it and return it to the dealer ASAP.
There are plenty of organisations that will help you fight your corner your local CAB would be your first port of call.
Plead that you only bought the car on the strength of the fact that it only had one owner and if you'd known it had had three owners, you wouldn't have touched it.
I'd tell them to shove the offer of a service and go for something much more substantial.
I'd tell them to shove the offer of a service and go for something much more substantial.
S
Sylvan Tieger
I Buy strictly new cars and trucks and dump them every 3 -4 years or so
Reasoning being you never know what a previous owner did and here by buying a new one you get a guarantee and as soon as it gets past guarantee I dump them so I do not have any mechanical problems PLUS I can take it off as tax write off (depreciation)
Buying cars only G-d Knows how the other owners treated them.
Also by buying a car and trading it in after 3 or 4 years I get back about 60% of what I paid so I do not take that big of a loss and have the peace of mind knowing when I turn the key the van will start up as I keep my mechanical problems down to a minimum by also keeping the mileage very ,very low.
The only reason I kept my Ford 350 138 WB Super duty is I bought in in 2003 sand it has less then 5,000 miles on it
S
Sylvan Tieger
If I was the dealer, I'd say the price was for a 3 owner car and the salesman just made a wrong comment, and so there was no actual loss to the buyer. How would the buyer prove otherwise?[/quote]
BY CHECKING OWNERSHIP RECORDS THATS HOW you KNOW how many owners THERE WERE
BY CHECKING OWNERSHIP RECORDS THATS HOW you KNOW how many owners THERE WERE
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