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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10091
Experience:  30 years as a practising solicitor.
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Hi When I test drove a vehicle I was told that what you see

Customer Question

Hi When I test drove a vehicle I was told that what you see is what you get, except for the sat nav. I ordered the vehicle with sat nav. When it eventually arrived it did not have the multi function steering wheel that the demonstrator had. Can I ask them to order another vehicle and swap them over when in arrives? It took 5 months to come. I have paid for the vehicle in full and the sales manager said he would give me 2 free services as a token gesture and to let him know what compensation I want

Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

The relevant section of the Sale of Goods Act 1979 as amended states as follows:

"[15B. † Remedies for breach of contract as respects Scotland.
(1)† Where in a contract of sale the seller is in breach of any term of the contract (express or implied),
the buyer shall be entitled
(a) † to claim damages, and
(b) † if the breach is material, to reject any goods delivered under the contract and treat it
as repudiated.
(2)† Where a contract of sale is a consumer contract then, for the purposes of subsection (1)(b)
above, breach by the seller of any term (express or implied)
(a) † as to the quality of the goods or their fitness for a purpose,
(b) † if the goods are, or are to be, sold by description, that the goods will correspond with
the description,
(c) † if the goods are, or are to be, sold by reference to a sample, that the bulk will correspond
with the sample in quality,
shall be deemed to be a material breach.
(3)† This section applies to Scotland only."

So you have a remedy in damages, for, say, the difference in value between the car with the enhanced steering wheel and one without.

The rejection of the vehicle would only be possible if the breach of contract is material. Can you argue that the lack of the multi function steering wheel is material to your enjoyment of the vehicle? If so you have a case for rejecting the vehicle and claiming the price back.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.

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