She purchased what she thought was a brand new Ka recently but still hasn't had the logbook through, when she queried this with the dealership she was told that they had made a mistake and they had sold her a pre registered vehicle, making her the second owner. She has paid a first registration Fee and number plate cost, and the order form is a NEW car order form. Does this fall into mis-representation under sale of goods act or something?
2006-08-26 22:46:37 · 16 answers · asked by coyote21 2 in Politics & Government ➔ Law & Ethics
They have made a mistake... so are liable to exchange her ka for a brand new one... keep fighting till you get what you want... go above the salesman and you will get more results...
2006-08-26 22:54:02 · answer #1 · answered by paulrb8 7 · 3⤊ 0⤋
Not necessarily. Its most likely an oversite by the inventory crew.
What she would need to do is go to the dealership stating such information and ask they reduce the price to what a used vehicle would have cost, and refund the amount extra paid for new vehicle liscensing and registration.
If it was an irreputable dealership, they probably rolled back the odometer to make it look new. She should have checked the info, as a new car would have less than 50 miles on it, any more and it has to be classified as a demo vehicle and a lower price marked on it. If the dealership did roll back the odo, etc. Then there isnt a whole lot she can do except notify the proper authorities that such action is taking place.
2006-08-26 22:55:36 · answer #2 · answered by Bryant M 2 · 0⤊ 0⤋
It is still brand new. All dealers have to pre-register certain vehicles in ordert to have some in stock to show customers. These vehicles are still for sale and can be offered to a customer if there would be a long wait for a similar vehicle. She can ask for a refund of the costs charged to register but she still does have a brand new car. It is pre-registered NOT pre-owned and certainly not classed as a used vehicle.
2006-09-02 03:03:45 · answer #3 · answered by Valli 3 · 0⤊ 0⤋
If the dealership is giving her a hard time she needs to take the car back now and park it, and make sure they know it's there. Demand your new car and threaten to go after them in court if satisfaction is not speedily resolved. About any lawyer will take the case for compensation from the dealer and no cost to her. The dealer will move if they think your going to a lawyer because if what you say is true, they have no case at all and will be liable for court, attorney, and punitive fees.
2006-08-26 23:09:55 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Two things, if she is happy with the car, as she must have chosen it, it can be remedied by have all the reasonable but incorrect charges refunded, its, i am sure innocent misrepresentation which is not really actionable in law, as the claimant you have to prove on the civil standard an element of negligent or fraudulent misrepresentation. You could argue negligence but its not economically viable. Start things in writing, and avoid telehone calls because its very hard to prove what was said if there is a dispute, if you must then keep a memo of what was said and date it clearly, record the name /position of the person you spoke to. Anything which is decided you must compel them to put in writing to you.
She could return and pick a brand new one, and expect the charges for doing so to be picked up by the garage.
2006-08-27 11:52:35 · answer #5 · answered by logicalawyer 3 · 0⤊ 0⤋
Follow the money trail. The government gets to collect MORE taxes for the first time registration?
Hmmm. then I will only buy used vehicles!!!
They're all in the cahoots with the fraud! It is a monopoly game!
But, as a licensed motor vehicle dealer, I would assure you that the dealers get screwed worse than the public, by the government!!!
2006-08-26 23:46:37 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Clear cut case under the Sale of Goods Act for a full refund.
2006-08-29 04:43:09 · answer #7 · answered by Anonymous · 0⤊ 0⤋
I would imagine that the dealership are at fault.
She should contact TRADING STANDARDS with the full facts that she has to hand. Let them take the case on. They have defrauded your aunt in more ways than one and should not only be made to reimburse her but should also feel the full weight of the law and be made to pay again!
2006-08-27 03:03:35 · answer #8 · answered by Sally J 4 · 0⤊ 0⤋
definitely. from what you said the garage have admitted that have made a mistake so they should do the right thing and take the car back and give her a brand new one. In the mean time contact your local trading standards and see what they suggest, or contact citizens advice.
2006-08-26 22:54:16 · answer #9 · answered by 90210 aka Hummer Lover 6 · 1⤊ 0⤋
YES
Not only should she get a brand new car, she ought to press for compensation and if it is not enough she should get free advice from a solicitor and tell the garage what she is doing too, make them jump
2006-08-31 23:52:56 · answer #10 · answered by Amanda K 7 · 0⤊ 0⤋