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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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I recently bought a used BMW from a main dealer and was told

Resolved Question:

I recently bought a used BMW from a main dealer and was told the car had a full service history. When i checked i found the service book was empty of stamps and the dealer now admits there is one service missing. I have been offered £750.OO compensation and and extended warranty for a year. I have looked on the trade sights on the net and they say the lack of full service history can devalue a car by £1500.00 i know they have offered extended warranty but that is to cover other problems they had not put right. Do you think i should accept this offer or have i any rights to take it further.

Thanks *****
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, many thanks for your question. My name is ***** ***** I can assist you with this.

tdlawyer :

Can you tell me whether you would have purchased the vehicle anyway, for the same price, and you had known that there was no full service history?

Customer:

we purchased the vehicle for the asking price of £17,500 and were told when asked it had a full service history as BMW franchises were not allowed to sell used cars without one as this was against dealer terms.

tdlawyer :

Okay. As a consumer purchasing a vehicle from the dealership, you would have the right to reject the car and demand your money back as there is a breach of condition, in that you were told it had a full service history which it does not have.

tdlawyer :

You could, therefore, return the vehicle request your money back in full.

tdlawyer :

What's that might sound disproportionate, it is a right that you have under section 13 of the sale of goods act 1979.

tdlawyer :

Additionally, you may have a claim under the law of misrepresentation, because you assault something on false facts, which would have not purchased otherwise.

tdlawyer :

In misrepresentation claims, you're entitled to end the agreement and claim your money back.

tdlawyer :

It's the same outcome, on either legal analysis.

tdlawyer :

You could, of course, simply accept the £750 and extended warranty, but you do not have to do that.

tdlawyer :

I expect that the dealership will be fully aware of your legal rights. Therefore, if you can obtain sufficient evidence showing that the difference in value is £1500, then I expect they are likely to pay that.

Customer:

we were offered the option of returning the or the dealer finding us another.

tdlawyer :

Okay, if you can return the vehicle, then you would be no worse position through having purchased it start with. Assuming you get a full refund!

tdlawyer :

You could, instead, the vehicle and Sue for the difference, although that is often a little bit more tricky, because the garage may say you had discounted price to start with. If you can get past that, and show you purchased at a normal market value, then you should be able to obtain judgement for an appropriate percentage reduction to reflect the fact that the vehicle has no full-service history.

Customer:

we do not want to return the car as it has taken us over a year to find one as it is a rare model and the dealer ca'nt find another model either. The reason we asked for £1500 compensation was because this seems to be the industry standard for the loss on resale of not having a service history.

tdlawyer :

Okay. Then if you can show £1500 is an appropriate figure, the court is likely to award it.

tdlawyer :

You obviously need to convince the dealership of this if you are to avoid the necessity for court proceedings to be issued. Really, it's a process of discussion and negotiation with the dealer to start with. If that fails, then you need to consider court proceedings.

Customer:

so is it worth contacting trading standards and reporting it.

tdlawyer :

You could do, although I doubt in reality they'll be much of a consequence from that.

tdlawyer :

More concerned about unreasonable trading practices, rather than issues that arise in a specific case, although of the dealership had a history of doing this, advising people a full service history is when non-existed, that is something that the trading standards department would be particularly interested with.

Customer:

okay thanks for your advice

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