The wrong car was supplied to me - what are my rights?
I signed contract for a Genesis GV70 Electric. On the day of collection I noticed the car had regular faux leather and not Nappa. The contract stated Nappa. They said don't worry will sort the right can in a week they simply delivered a different car. The next day they said the right spec car was sold. The dealer wants the car back but can't at present as it has my private plate on it. The contract states if the vehicle is defective they have the right to repair or replace (their option) They can't repair so they have to replace. But why should I wait six months as this is the lead time?
They have admitted their mistake.I asked to keep this car and will return it once they supply the car I ordered. They refused. They offered me a £1000 discount to take the current car. I want Nappa not this one. They will not budge. I have also sold my old car so I am carless. What are my legal rights please?
They have admitted their mistake.I asked to keep this car and will return it once they supply the car I ordered. They refused. They offered me a £1000 discount to take the current car. I want Nappa not this one. They will not budge. I have also sold my old car so I am carless. What are my legal rights please?
Asked on 26 April 2023 by jonathan
Answered by
David Ross
From the information you have given it does appear that the dealership have breached your contract with them by delivering a car that does not meet the correct specifications.
You have the option to demand the correct car is delivered, to cancel the contract altogether or to negotiate a discount (which the dealership have offered) but all of these options will require some kind of compromise. It's also worth pointing out that the dealership are reluctant to let you keep the current car because this will effectively turn it into a used vehicle and knock thousands of pounds off its value.
The dealership have made a mistake which is unfortunate, so ultimately it is your decision on what option you are prepared to accept.
You have the option to demand the correct car is delivered, to cancel the contract altogether or to negotiate a discount (which the dealership have offered) but all of these options will require some kind of compromise. It's also worth pointing out that the dealership are reluctant to let you keep the current car because this will effectively turn it into a used vehicle and knock thousands of pounds off its value.
The dealership have made a mistake which is unfortunate, so ultimately it is your decision on what option you are prepared to accept.
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