Delivered car not as spec'd, okay to reject and get deposit back?

eko

Dealer rang up today to give the good news, new car has arrived. Bad news, it doesn't have the panoramic roof that we specified. They said that they had it on the order, but manufacturer forgot to add it.

To re-order the car again will take another 15 weeks.

Is it okay to reject the car on this mis-specification, and to ask for my deposit back? It isn't a massive omission, but we rather liked the demo with this item specified. Do I have the right to ask for the deposit back in this situation?

Voodoomelon

I would imagine you are entitled to get your deposit back yes, its a fairly large omission and the item you ordered is not as described.

However I'm sure you could wangle a lot of free servicing/goodies/good will if you take it as is.

flyingsnail

The way I see it you have three options open to you

1.Cancell the order, get your money back and buy another car elsewhere

2. accept the car without the panoramic roof, at a renegotiated lower price because it doesn’t have the extras you wanted

3. Have them order another car with the panoramic roof, maybe there is another extra you might like added to the car by way of an apology?

Out of interest what was the car, and how much extra was the panoramic roof ?

mickdw

Factory doesn't just forget spec. Perhaps there was an issue with parts supply or something and they were producing a run of cars without the sunroof. Dealer would then have been told of delay. Perhaps he adjusted your spec to get your deal done.

Nissan doctor

Keep in mind that a panoramic roof wouldn't be 'added' to a car. The car would originally be manufactured with it so the dealer may be trying to offload a stock car on you by saying they sent one without the roof.

You have to be allowed cancel the order and get your deposit back as the item is not as described.

As said though you could negotiate a discount or similar if you agree to take the car they have.

heate

Why kind of car is it? Are there no other similar spec models in the pool f are that the distributors have?
It is quite late in the year to be waiting fifteen weeks for another one is 2012 and I'm guessing you needed a car now rather than later!

Guy:Incognito

mickdw wrote: »

Factory doesn't just forget spec. Perhaps there was an issue with parts supply or something and they were producing a run of cars without the sunroof. Dealer would then have been told of delay. Perhaps he adjusted your spec to get your deal done.

They tend to get creative with excuses alright. My aunt ordered a new corrolla in 00 (iirc) and ordered with a sunroof. Gettign close to delivery date they rang to tell her it was en route and fell off the ship so had to be reordered.

Yakuza

Slightly OT, but a container slip capsized in the English channel (iirc) a few years ago and several millions of euros worth of BMWs were lost among the other cargo, so stuff like the above post does happen (but not quite as creative as "falling off the ship" )

OP: to me it looks like an open and shut case of them not fulfilling the contract, thereby voiding it and entitling you to your deposit back. You could, as has already been pointed out, try to turn it to your favour by getting something out of the dealer in lieu of the panoramic roof. I have one in my current car, so if it were me, I'd probably wait the extra time (and probably giving another dealer the business).

Henry Ford III

Call in to the dealer. Don't ring them.

Say "I wanted my new car to have the sunroof, and this one doesn't have it."

Then say "What can you do to sort this mistake out?"

Then shut up.

RedorDead

flyingsnail wrote: »

Out of interest what was the car, and how much extra was the panoramic roof ?

heate wrote: »

Why kind of car is it?

This. What make and model is it?

And believe it or not, it does happen - albeit rarely, but it does.

Solair

That's a pretty major error. The model with / without a panoramic roof probably have completely different product codes.

Personally, I would not accept the car and demand that the dealer re-orders or returns your money.

In this day and age, it's not that difficult to ensure that the correct model arrives. Everything's computerised and orders are pretty much 100% automated.

You could also try what my GF does, or possibly just bring someone who is willing to do this along - sob uncontrollably in the show room

Mr Benevolent

Yakuza wrote: »

Slightly OT, but a container slip capsized in the English channel (iirc) a fea years ago and several millions of euros worth of BMWs were lost among the other cargo, so stuff like the above post does happen (but not quite as creative as "falling off the ship" )

Splosh!



The good news was that nobody was hurt when the Tricolor sank

...when it was rammed by an amphibious Octavia.

niallb

Dealer rang you up to say somebody else's car arrived really. It's not what you ordered.
If he's saying he needs to "re-order" to get it for you in 15 weeks, I'd say he didn't honour what you gave him the deposit for and should be prepared to give it back.

15 weeks puts it well into the new year. Will it be a '12 model when you get it?
I'd accept the car if they were willing to cover the costs of hiring a similar car for you until yours arrives :-)

galwaytt

Unless they do you the mother-and-father of deals to keep it - reject it.

But, give him an 'out' to keep the deal: free car until yours comes in. Why, don't they have one just like yours - sans roof - you could use until it does.....?......:D

Guy:Incognito

Henry Ford III wrote: »

Then say "What can you do to sort this mistake out?"
.

Tea 1000

If you look on the bright side, you agreed a deal on what looks like was going to be an 11 reg car, dealer fecks up, so now you wait 15 weeks and keep adding mileage to your own car and you'll get a '12 reg car for the same price less the miles you put on your car from now till then!
The deal is done, he screwed up, so deal still stands, therefore either negotiate a better one or walk, don't let him give you any crap of "oh but your trade in will be a year older... blah.. blah.."

unkel

Voodoomelon wrote: »

However I'm sure you could wangle a lot of free servicing/goodies/good will if you take it as is.

Love it when I spot a another opportunist

Me I'd say to hell with that sunroof. Gimme a couple of grand worth of services instead

smash

They forgot the panoramic roof? That's a fairly substantial thing to forget... Sounds like they got a car in almost to your spec and are trying to flog it off to you. And why would you even take delivery in Nov/Dec anyway?

L-M

15 weeks is the start of March though, right? You'd still get a good bit of driving on a "new plate" and could have some bangernomics 7 series fun in between.

I'd go in, all smiles, and say "Yes, I'd like to wait the 15 weeks, thanks". Something has me thinking they might scurry about and "work something out" for you.

cadaliac

Tea 1000 wrote: »

If you look on the bright side, you agreed a deal on what looks like was going to be an 11 reg car, dealer fecks up, so now you wait 15 weeks and keep adding mileage to your own car and you'll get a '12 reg car for the same price less the miles you put on your car from now till then!
The deal is done, he screwed up, so deal still stands, therefore either negotiate a better one or walk, don't let him give you any crap of "oh but your trade in will be a year older... blah.. blah.."

Exactly - drive the car without the sunroof until the car with the sunroof gets here.
Let them keep the deposit, and don't finalise the deal until your car with the sunroof gets here.
Deal is done already - price agreed for the car etc.
This is a mistake on their behalf.
Then you have a 12 reg car instead of an 11 reg car.
Couldn't have worked out better for you really.

L-M

I sincerely hope the OP wasn't going to register the car in December? O.o

Anan1

cadaliac wrote: »

Exactly - drive the car without the sunroof until the car with the sunroof gets here.

That's not going to happen, if the OP doesn't accept that car then it'll be sold as new elsewhere. They could reasonably expect the use of a car until their new car is delivered, though.

Voodoomelon

unkel wrote: »

Love it when I spot a another opportunist

Me I'd say to hell with that sunroof. Gimme a couple of grand worth of services instead

In fairness though, free servicing means nothing to most people, its free just not to get it done too! :pac:

unkel

Voodoomelon wrote: »

In fairness though, free servicing means nothing to most people

Not servicing, services!

Was thinking something like a 5 year warranty and all inclusive servicing (including scheduled timing belt job etc.)

Then sell the car on after 3 years and get at least a €1k premium for it compared with another car that doesn't have 2 years servicing / warranty left

Tea 1000

unkel wrote: »

Not servicing, services!

Was thinking something like a 5 year warranty and all inclusive servicing (including scheduled timing belt job etc.)

Then sell the car on after 3 years and get at least a €1k premium for it compared with another car that doesn't have 2 years servicing / warranty left

If you could negotiate a 2 year transferrable warranty from that dealer outside of the main warranty just because you had to wait longer than expected for a new car then you're a good negotiator!
Most warranties are 60k miles which would be up long before 5 years!

unkel

Tea 1000 wrote: »

If you could negotiate a 2 year transferrable warranty from that dealer outside of the main warranty just because you had to wait longer than expected for a new car then you're a good negotiator!

I'm not saying I would get it, but I sure would try

And if they offered me something substantially less, I'd take my deposit back and bring my business elsewhere. Either way, the dealer loses big time. The latter is probably worse for him...