Less isn’t more

I ordered a new Mazda3, trim TS2, on 27 Nov 2009 from a Mazda dealer after examining several TS2 models in the dealer's showroom and test-driving a TS2. When I went to collect my car on 28 December 2009 I noticed that it did not have the same spec as the ones I had previously examined and test-driven and as specified in the current brochure and on the Mazda website. Several items were removed, for example heated seats. When I questioned this I was told, for the first time, that there has been a spec change and that the dealer was made aware of it at the beginning of November 2009. However, I was never informed at the time of my order. Since then, I found out that some other customers who ordered after me received the full spec TS2. When I complained, the dealer suggested I contacted Mazda, which I did. At first they said it was a mistake in the spec. When I insisted, they agreed to investigate and get in touch within 7 days. I have also sent letters of complaint to the dealer and Mazda and involved the local Trading Standards office who contacted me and said they would pay a visit to the dealer. I would be very grateful for your comments and any suggestions as to what my options, if any, are and how best I can progress my complaint. Can I reject the car at this stage?

Asked on 20 March 2010 by B.M., via e-mail

Answered by Honest John
Not according to Johnson v HWM Ltd 17-3-1997 Kingston County Court, which allows an indefinite delivery date for a new car and also a change of specification of the car in between dealer order and manufacturer delivering the car to the dealer because both are out of control of the dealer. If a contract has been entered into between dealer and customer with a substantial deposit, then that contact remains binding and, unless specified in the original contract, an indefinite delivery date or change of specification are not breaches of contract. This case law would need to be overturned on appeal in a higher court, or it would need to be legally challenged on the basis of a newer statute. See: www.honestjohn.co.uk/faq/faq.htm?id=43 I suspect the fact the other buyers got the higher spec would be due to
colour choice and that their colour cars were built before yours. Cars are built one colour at a time, sometimes the same colour for days, for obvious reasons.
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