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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69988
Experience:  Over 5 years in practice
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I brought a car that was advertised with a reversing camera

Resolved Question:

I brought a car that was advertised with a reversing camera and although I was shown the car, I did not check all aspects of the specifications. I now find that it does not have one and will cost £700 to fit one. Is the trader culpable for misrepresentation or am I partially to blame for not checking before completing the purchase?
Submitted: 12 months ago.
Category: Law
Expert:  Jo C. replied 12 months ago.

How much did you pay and how new is the car?

Customer: replied 12 months ago.
Car is 1year old and cost £21,995.
Expert:  Jo C. replied 12 months ago.

Do you still have the ad?

Do they deny it was there?

Customer: replied 12 months ago.
I have a screenshot and they are not denying it yet.
I think the attached shows it.
Customer: replied 12 months ago.
I paid the deposit £995 on MasterCard and rest by bank chaps
Expert:  Jo C. replied 12 months ago.

There is case law that relates to misdescriptions that says that where an item is not sold only by description then the presumptions do not apply.

However, that was before the new Consumer Rights Act and anyway relates to the SGA rather than misrepresentation.

Clearly there was a misrepresentation. Whether you should have noticed or not is entirely a different matter. It seems to me that it would have been more useful to them that you did not notice this if they were saying that it wasn't said. Then it would be a problem.

If they accept the ad did say that there was a camera and there is not then that is misrepresentation.

You wouldn't be able to recover the entire cost of the vehicle but you should be able to recover the diminution value.

Can I clarify anything for you?

Jo

Jo C., Barrister
Category: Law
Satisfied Customers: 69988
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 12 months ago.
Hi, I think that I can now go to them confident enough to claim the full cost of installation. Thanks

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