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Car came wrong spec

  • 08-05-2019 7:31pm
    #1
    Registered Users, Registered Users 2 Posts: 128 ✭✭


    So I purchased a new car. After taking it home I noticed that the car I purchased was not the spec as the manufacturer states on there website.

    What are my rights here. Basically it's false advertising.

    They are unable to put the missing items on the car as there can only be done at manufacturing of the car.


«1

Comments

  • Registered Users, Registered Users 2 Posts: 81,220 ✭✭✭✭biko


    So you approached the dealer it seems.
    The dealer is the seller and is the person who fixes what went wrong in the sale.
    What spec is it on the contract and what spec did you get?


  • Registered Users, Registered Users 2 Posts: 128 ✭✭brians947


    biko wrote: »
    So you approached the dealer it seems.
    The dealer is the seller and is the person who fixes what went wrong in the sale.
    What spec is it on the contract and what spec did you get?

    Car should have push button start and electric folding mirrors.

    It ain't got any. To install something like that it's a while new wiring lum and dash.


  • Registered Users, Registered Users 2 Posts: 84,761 ✭✭✭✭Atlantic Dawn
    M


    On the invoice does it say the required spec or something else? Is it possible the model has been revised so the website has the newer spec?


  • Registered Users, Registered Users 2 Posts: 128 ✭✭brians947


    On the invoice does it say the required spec or something else? Is it possible the model has been revised so the website has the newer spec?

    It has the spec that the manufacturer has stated on the website. The manufacturer has subsequently removed the spec and updated there website. Manufacturer knows they are at fault here.. They seem to be taking it seriously.


  • Registered Users, Registered Users 2 Posts: 6,129 ✭✭✭kirving


    Make sure to save a copy of the website advertisement for that particular specification. Was it the manufacturer, or dealers website?

    I'd be expecting very substantial rebate on the purchase price. That's a big screw up and affects you everytime you get in. Not sure of the contractual implications, but you did accept the car.

    If you otherwise love the car, could you argue for a very big discount on a new model next year? You get a new car at big discount, dealer and manufacturer sell another car.


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  • Registered Users, Registered Users 2 Posts: 9,282 ✭✭✭PsychoPete


    Surely you would have noticed it didn't have push button start before leaving the dealer? Are you sure there isn't a switch for the folding mirrors


  • Registered Users, Registered Users 2 Posts: 128 ✭✭brians947


    I have copy of website page and a PDF of the specs that manufacturer sent to me. Specs where on the manufacturers website There Irish website.


  • Registered Users, Registered Users 2 Posts: 128 ✭✭brians947


    PsychoPete wrote: »
    Surely you would have noticed it didn't have push button start before leaving the dealer? Are you sure there isn't a switch for the folding mirrors

    I wasn't sure. So when I got home I checked the specs I had saved and noticed. That's when I immediately got in touch with dealer and it was escalated to the manufacturer


  • Registered Users, Registered Users 2 Posts: 16,120 ✭✭✭✭elperello


    Is a car with the spec you wanted still available?
    How much extra is it in €?


  • Registered Users, Registered Users 2 Posts: 84,761 ✭✭✭✭Atlantic Dawn
    M


    Have they offered any compensation or remedy to resolve?


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  • Registered Users, Registered Users 2 Posts: 128 ✭✭brians947


    elperello wrote: »
    Is a car with the spec you wanted still available?
    How much extra is it in €?

    Two get a car with that added is going up a model and 5000 more. Only way to get those two items.


  • Registered Users, Registered Users 2 Posts: 128 ✭✭brians947


    Have they offered any compensation or remedy to resolve?

    I've been asked what I'd like to resolve this issue..


  • Closed Accounts Posts: 26,658 ✭✭✭✭OldMrBrennan83


    Even if they were to attempt to fit them, it'd never be right after ripping the dash out.

    Is there any way they can cancel the deal altogether as they haven't delivered what you ordered? That would be the best outcome, or alternatively a hefty discount and you live without both.


  • Registered Users, Registered Users 2 Posts: 12,917 ✭✭✭✭Toyotafanboi


    I think accepting the car puts you on the back foot a bit. How did you not notice it was missing push button start until you got home?

    Your grievance here should go through the dealer, the manufacturer will just refer you back to them. Have you anything in writing in terms of stating the spec you were intending to receive? A brochure or any sales paperwork?

    If it boils down to a he said, she said where you are saying it should but there's nothing in writing, you really are in the hands of the dealer unfortunately. I think you could look for a reasonable amount refunded to yourself or something like a couple of free services if you have proof of some sort.

    What brand of car is it? VAG group for instance have a very clear and defined process for dealers to use for cars that are supplied missing items of spec etc and it should be easy enough to rectify. The likes of Ford cant seem to deliver a consistent spec to save their lives and dont really seem to care either. Similar applies for the Koreans, if the soec changes, it's a bit tough luck, luckily their spec's dont vary too much to begin with.


  • Registered Users, Registered Users 2 Posts: 16,120 ✭✭✭✭elperello


    brians947 wrote: »
    I've been asked what I'd like to resolve this issue..

    Presumably you would say "a car with the spec I ordered and had a contract for".
    They get your current car back and give you the one you want.
    They take a hit but nothing major and they will be more careful in future.


  • Registered Users, Registered Users 2 Posts: 128 ✭✭brians947


    elperello wrote: »
    Presumably you would say "a car with the spec I ordered and had a contract for".
    They get your current car back and give you the one you want.
    They take a hit but nothing major and they will be more careful in future.


    This is the law.

    As described – it should match the description given verbally or in an advertisement.


  • Posts: 3,637 ✭✭✭ [Deleted User]


    brians947 wrote: »
    This is the law.

    As described – it should match the description given verbally or in an advertisement.

    Then insist on that. I would. Don’t let them fob you off and don’t start treating that car as if it’s yours. Back with it first thing and don’t leave until you have a satisfactory arrangement in place. They can sort it out.

    What brand and model car is it? Don’t name the dealer, but there’s lots of lads here in the trade who can give spot on advice of they know what marque is involved.


  • Registered Users, Registered Users 2 Posts: 128 ✭✭brians947


    JayZeus wrote: »
    Then insist on that. I would. Don’t let them fob you off and don’t start treating that car as if it’s yours. Back with it first thing and don’t leave until you have a satisfactory arrangement in place. They can sort it out.

    What brand and model car is it? Don’t name the dealer, but there’s lots of lads here in the trade who can give spot on advice of they know what marque is involved.

    I won't be naming the manufacturer but is one of the top ones. Not high end. One of the main manufacturers for us Joe soaps.


  • Registered Users, Registered Users 2 Posts: 12,917 ✭✭✭✭Toyotafanboi


    brians947 wrote: »
    This is the law.

    As described – it should match the description given verbally or in an advertisement.

    I'm not saying your wrong but it seems unusual to me that a verbal agreement could be binding enough to get you out of this.

    If that was the case, why wouldn't/ couldn't you just say he promised you a Lamborghini Hurrican and then pick that up instead when they have it ready for you?


  • Registered Users, Registered Users 2 Posts: 16,120 ✭✭✭✭elperello


    brians947 wrote: »
    I won't be naming the manufacturer but is one of the top ones. Not high end. One of the main manufacturers for us Joe soaps.

    Never mind whether they consider themselves "high end" or not a purchase of any new car is a big deal for most of us.
    You need to get all the paperwork together and check the details.
    Do you have brochures?
    What model is on the invoice?


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  • Registered Users, Registered Users 2 Posts: 9,617 ✭✭✭ba_barabus


    Every spec list and ad I've ever read has "specification subject to change" or "specification correct when printed" written as a disclaimer at the bottom of the ad.

    The fact you accepted and presumably turned a key to drive the car away and didn't notice would put you in a difficult position. You could have refused to accept delivery of the car before that.

    What car is it out of interest?


  • Registered Users, Registered Users 2 Posts: 6,279 ✭✭✭TheRiverman


    brians947 wrote: »
    Car should have push button start and electric folding mirrors.

    It ain't got any. To install something like that it's a while new wiring lum and dash.

    So you didn't notice that it had no push button start before or when you were taking it home ?.Strange.


  • Registered Users, Registered Users 2 Posts: 16,120 ✭✭✭✭elperello


    So you didn't notice that it had no push button start before or when you were taking it home ?.Strange.

    In the excitement of picking up a new car a mistake could be made.
    He would be in a stronger position if he refused to take delivery though.
    Having said that the car would be registered in his name by the time the discrepancy in spec was noticed.

    It appears that the seller did not advise of change in specification.


  • Closed Accounts Posts: 332 ✭✭Tikki Wang Wang


    You haven’t a hope of handing the car back for a fresh one.


  • Closed Accounts Posts: 26,658 ✭✭✭✭OldMrBrennan83


    You haven’t a hope of handing the car back for a fresh one.

    Back for a refund.


  • Closed Accounts Posts: 332 ✭✭Tikki Wang Wang


    Back for a refund.

    Nor that


  • Registered Users, Registered Users 2 Posts: 27,370 ✭✭✭✭GreeBo


    So you didn't notice that it had no push button start before or when you were taking it home ?.Strange.

    How is that relevant?
    Its not like the OP popped the button out and is now looking for another one.

    Do you check every aspect against the spec before you leave the forecourt?
    Better count all those bhp, just to be sure.


  • Closed Accounts Posts: 26,658 ✭✭✭✭OldMrBrennan83


    Nor that

    Yeah I forgot, big business is always right here.


  • Registered Users, Registered Users 2 Posts: 12,917 ✭✭✭✭Toyotafanboi


    GreeBo wrote: »
    How is that relevant?
    Its not like the OP popped the button out and is now looking for another one.

    Do you check every aspect against the spec before you leave the forecourt?
    Better count all those bhp, just to be sure.

    It's not like you're making out. Push button start would be an obvious one to cop on to. If you were expecting a push button start car and you have to put the key in to drive away, you'd just walk back inside and say hang on a minute.


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  • Registered Users, Registered Users 2 Posts: 19,102 ✭✭✭✭Del2005


    brians947 wrote: »
    So I purchased a new car. After taking it home I noticed that the car I purchased was not the spec as the manufacturer states on there website.

    What are my rights here. Basically it's false advertising.

    They are unable to put the missing items on the car as there can only be done at manufacturing of the car.

    Did you order a "Luna" spec if it was Toyota and did you receive a "Luna" spec car? Because if you did you got what you ordered. Unless you told the dealer that you wanted the push button start and folding mirrors then they haven't done anything wrong you just got caught in an update cycle.


  • Registered Users, Registered Users 2 Posts: 937 ✭✭✭kerten


    It really sounds strange that when there is a spec change planned in factory, all the existing orders are not put on hold until they are confirmed by dealers as customer is ok with such change or not. I am pretty sure such changes are not done overnight in factories. It sounds like brand doesn't care much about customer experience and letting dealers to take the heat in process.


  • Registered Users, Registered Users 2 Posts: 12,917 ✭✭✭✭Toyotafanboi


    That's assuming this was a fresh factory order and not a stock vehicle. We really dont know enough about the original deal here to give good advice. Even a brand would be helpful and wouldn't identify the OP.


  • Registered Users, Registered Users 2 Posts: 4,627 ✭✭✭tedpan


    Del2005 wrote:
    Did you order a "Luna" spec if it was Toyota and did you receive a "Luna" spec car? Because if you did you got what you ordered. Unless you told the dealer that you wanted the push button start and folding mirrors then they haven't done anything wrong you just got caught in an update cycle.


    Yeah, the Corolla Luna sport is about 5k extra, so it must have been the Luna


  • Registered Users, Registered Users 2 Posts: 4,226 ✭✭✭Stallingrad


    Both items are hardly deal breakers in that they don't change the driving experience (like missing cruise control or something), you can live quite happily without them.

    It is annoying of course, I would be seeking compensation, a few free services, extended warranty. etc.


  • Registered Users, Registered Users 2 Posts: 367 ✭✭ExoPolitic


    Something doesn't seem quite right with the OP here, are we being trolled?


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  • Registered Users, Registered Users 2 Posts: 3,027 ✭✭✭Lantus


    It's annoying but if that's the only two things it's not a huge issue.

    I would look at something like a free service in the future.

    Had the heated seats missed off my new car, but that was an extra. No big issue and I'll just get it on next one.

    Like cooler heads have stated specs change as car models get updated. It goes both ways. When a friend ordered an octavia they got a load of extra stuff not yet listed as that spec level was being updated. So parking sensors, cruise control etc. All good.


  • Closed Accounts Posts: 26,658 ✭✭✭✭OldMrBrennan83


    The only thing is that if a free service or two are the compensation then you know we'll it'll either be driven in, parked, and handed back to you, or fleeced for extra 'problems' to recoup the costs.

    I wouldn't be letting this go if you haven't got what you ordered and paid for.


  • Registered Users, Registered Users 2 Posts: 4,627 ✭✭✭tedpan


    Definitely this^^

    Although from what the OP said, the extras come with the next model up, which is 5k more. Not sure if he paid for them?


  • Registered Users, Registered Users 2 Posts: 27,370 ✭✭✭✭GreeBo


    It's not like you're making out. Push button start would be an obvious one to cop on to. If you were expecting a push button start car and you have to put the key in to drive away, you'd just walk back inside and say hang on a minute.

    You might not be "expecting" a push-button start, but are aware the car should have it. Its not like the OP bought a new car to get Push button start, it was just one of the features on the car....except its not actually on the car.

    I'll ask again, do you go around and check every feature on a car before taking it away? Cornering headlights, auto tail lift, auto wipers, auto dim head lights, etc, etc.


  • Registered Users, Registered Users 2 Posts: 4,627 ✭✭✭tedpan


    GreeBo wrote:
    I'll ask again, do you go around and check every feature on a car before taking it away? Cornering headlights, auto tail lift, auto wipers, auto dim head lights, etc, etc.


    I definitely would when it's a brand new car. Maybe it's because I'm a car guy but I would look for all the extras immediately


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  • Registered Users, Registered Users 2 Posts: 9,282 ✭✭✭PsychoPete


    GreeBo wrote: »
    You might not be "expecting" a push-button start, but are aware the car should have it. Its not like the OP bought a new car to get Push button start, it was just one of the features on the car....except its not actually on the car.

    I'll ask again, do you go around and check every feature on a car before taking it away? Cornering headlights, auto tail lift, auto wipers, auto dim head lights, etc, etc.

    If the car had push button start then you'd have to push the button to start it so obviously you'd notice that


  • Registered Users, Registered Users 2 Posts: 3,406 ✭✭✭el Fenomeno


    It really depends on whether the dealer has delivered the wrong model to you, or whether the manufacturer has changed the spec on the model you ordered.

    Imagine the following 3 Models and advertised as the following at the time you placed your order.

    Model 1 – Basic spec. No Push button.
    Model 2 – Medium spec. Push button.
    Model 3 – High spec. Push button + more.

    Manufacturers often change the spec, so that’s why most purchases of new cars have a “subject to manufacturer spec” or some line to protect the dealer.

    If the spec didn’t change, and you were delivered Model 1 instead of the Model 2 you ordered, then the dealer is at fault.

    If the spec did change, and you were delivered a Model 2 like you ordered but the manufacturer no longer puts the push button in the Model 2, then there’s nothing else to be done as you agreed to accept that the spec could change on the Model 2.

    As for what spec they can get away with changing, I don't really know. Obviously if the manufacturer turns it into a 2 door instead of a 4 door, that's a huge change that I don't think a simple "change of spec" would apply to. I imagine there's some definition of material - or even common sense - that's generally adhered to.


  • Registered Users, Registered Users 2 Posts: 9,514 ✭✭✭TheChizler


    PsychoPete wrote: »
    If the car had push button start then you'd have to push the button to start it so obviously you'd notice that
    If you were buying the car just for that yes, maybe less so if that's just one of many different features. If you were used to turning the key in the ignition and sat in to your new car I think you'd be forgiven for doing the same automatically, instead of running through a mental checklist of all the features in the car.


  • Registered Users, Registered Users 2 Posts: 6,279 ✭✭✭TheRiverman


    GreeBo wrote: »
    How is that relevant?
    Its not like the OP popped the button out and is now looking for another one.

    Do you check every aspect against the spec before you leave the forecourt?
    Better count all those bhp, just to be sure.

    No I don't,but I would definitely know before moving off what type of starting mechanism is in the car.Maybe the car had been started by someone from the dealers and left running before OP poster got in to drive it home,but still I find it hard to understand that keys/keycard etc.was not checked.


  • Registered Users, Registered Users 2 Posts: 12,917 ✭✭✭✭Toyotafanboi


    GreeBo wrote: »
    You might not be "expecting" a push-button start, but are aware the car should have it. Its not like the OP bought a new car to get Push button start, it was just one of the features on the car....except its not actually on the car.

    I'll ask again, do you go around and check every feature on a car before taking it away? Cornering headlights, auto tail lift, auto wipers, auto dim head lights, etc, etc.

    Personally, no, and you could forgive him for missing something more subtle like auto dimming lights, cornering lights or whatever like that. At the same time, it's the second biggest purchase most people will ever make, so it's possibly no harm to ask for a moment to get acquainted.

    My point is if push button start is such a big deal to them, it was a particularly obvious spec omission for them to have missed upon collection.

    At the same time, I don't want that phrase to sound like he's not entitled to the spec he was expecting to receive because of whatever has happened in the mean time. More trying to evaluate that he probably didn't buy the car purposely for push button start, so would some degree of a cash refund or goodwill gesture in terms of a tank of fuel and first service or two free might clear the air. On the other hand if push button start was a necessity for the purchase, then we can advise better on how he should battle that.


  • Closed Accounts Posts: 4,732 ✭✭✭BarryD2


    Have to smile at this 'push button' start option. First car I drove was old family estate, Opel Rekord back in the 1980s. The ignition switch must have been causing trouble at some stage so my father (who was handy) had whipped it out and replaced with a switch and push button, so no key needed. I don't think the insurance company were ever aware of it and I used a bit of distraction when starting her up for the driving test etc. Otherwise it was grand :)


  • Registered Users, Registered Users 2 Posts: 9,009 ✭✭✭micks_address


    Had same thing with a Honda Civic few years ago . Website advertised car having rear break discs.. didn't come with.. asked Honda.. they updated their website.. I just lived with it


  • Registered Users, Registered Users 2 Posts: 21,738 ✭✭✭✭Squidgy Black


    How soon did you contact the dealer after you realised the spec wasn't what you were expecting OP?

    If it was a case of that same day or even the following, but if it was longer down the line that you copped it'll be much more difficult to try and persuade them.

    Also, another important part, was the car ordered, or did you buy it straight off the floor?


  • Registered Users, Registered Users 2 Posts: 743 ✭✭✭20/20


    OP you need to tell people what type of car it is (Not the dealer) and other owners will share there experiences.
    You have been asked at least three times for this info, why the secret ?

    Personally I feel that maybe the OP bought a new car at a good price not realizing it was old stock. When he got home a neighbour had also bought the same new car but new stock and started asking why the OP didn't have push-button start or folding mirrors. Its only now he is checking the current adverts and brochures. That could be one explanation why he didn't notice the key start.


  • Moderators, Business & Finance Moderators Posts: 17,861 Mod ✭✭✭✭Henry Ford III


    I think accepting the car day 1 has considerably weakened your hand OP.

    I'd ask the dealer "what would you suggest to put this right?"

    p.s. Price the cost of the items omitted and be prepared.


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