Trade Description Act and Used Cars - SwindonDave

Good Morning, looking for some advice.

Purchased a used car from a well known dealership on the weekend. The advert stated that the car had front and rear parking sensors. Only the next day when I actually had to park with something behind the car did I realise there was no actual sensors. (I know i probably should have noticed this before so my fault).

So in summary there are no sensors front or rear as described. Do I have a leg to stand on taking this back to dealership and asking a. for them to be fitted or b. money off ?

Thanks

Trade Description Act and Used Cars - Galaxy

Yes, I would certainly think so. The car isn't as described.

You should be able to ask for the parking sensors to be fitted, a discount or a refund, whichever of the three suits you best.

Trade Description Act and Used Cars - slkfanboy

You the right to a 30 day refund under the sales of goods act. I am sure if you went in asking for a refund you would come out with parking sensors.

Trade Description Act and Used Cars - Dwight Van Driver

Dave

You need to quote Section 11 Consumer Rights Act 2015 that usurps Sale of Goods Act in that goods have to be as described.

By Section 19 (2) if they are not as described then you have

(a) short term right to reject,or

(b) repair or replacement of part,or

(c) a price reduction.

A polite negotiation with the Manager you should resolve your problem.

dvd

Trade Description Act and Used Cars - RobJP

Do bear in mind that if you go down the route of rejecting the car, you must stop using it immediately, whether or not your rejection is accepted by the garage.

Trade Description Act and Used Cars - grumpyscot

I recall buying a Saab years aso and it was only when getting the V5 back that I discovered the car was a year older than advertised. Since I still had a copy of the ad, I went back to the garage I bought it from - and ended up getting £750 cheque in my hand!

Trade Description Act and Used Cars - Topdude

I see that Autotrader has a disclaimer covering the actual spec of the vehicle being advertised.

"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 that you always check the details with the seller prior to purchase."

Trade Description Act and Used Cars - pd

That's because when you advertise on Autotrader it adds various details automatically - usually whether you want to or not including various tech spec.

That parts is purely the responsibility of Autotrader and is done from the reg number and what it reckons the spec should be - hence the disclaimer that it is for guidance only.

Obviously if a dealer has specifically told a buyer a car has a certain spec or they have written it themselves then they are responsbible.

Trade Description Act and Used Cars - TedCrilly

Seller will claim it was an honest mistake, and lets face it, it could well have been. To have a good case under consumer rights you have to prove the intention was to deliberatley mislead........ Can you?

This one needs tact and diplomacy. Best thing is to be reasonable, have a word and see what he will do. Sensors arent expensive, suggest he gets them fitted through the trade and stands the cost. Bear in mind if you want to reject the car he is entitled to something off for fair useage and unless they have some sort of returns agreement may well demand it. If you get snotty with him, he will most likely get snotty with you in which case you will be extremely unlikely to get every penny back.

Upshot of this will be you out of pocket with no car, you will have to go through the whole buying/taxing/insuring process again and run even more costs up. On the otherhand He will sell it on again, probably at the original price, possibly more if he can and be up on the deal.

Win win win eh?

Edited by TedCrilly on 10/02/2016 at 00:27