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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10910
Experience:  30 years as a practising solicitor.
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I purchased a new motorhome in September 2014 (registered

Customer Question

I purchased a new motorhome in September 2014 (registered with the DVLA 1st Sept 2014). The vehicle part of the motorhome (a Mercedes) come with a three year warranty. I recently booked the vehicle in to a Mercedes dealer to have some warranty work carried out. When they checked the vehicle chassis number in their system they told me the vehicle was built in 2011 so out of warranty. This means I've no warranty and devalues the vehicle when I try to sell it in the future (when any future owner books the vehicle for a service they'll be told its a 2011 vehicle not 2014).
Where do I stand with the company that sold me a new vehicle?
Submitted: 9 months ago.
Category: Scots Law
Expert:  JGM replied 9 months ago.

If you were sold a new vehicle, and it turns out not to be the case, then you can reject the vehicle outright and the selling dealer would be due to repay you the full price of the vehicle. Misrepresentation is the word that is relevant here. They sold you something that wasn't as described. Happy to discuss further. I hope that helps. Please leave a positive rating so that I am credited for my time.

JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10910
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you
Customer: replied 9 months ago.
Just to clarify.....the vehicle was delivered to the motorhome manufacturer/company from the Mercedes factory in 2011. The vehicle had covered minimal miles between then and me taking delivery. However as far as the DVLA and me are concerned it was registered as a new vehicle September 2014. Am I correct in assuming regardless of where the vehicle was between 2011 and 2014 (even in storage) the vehicle was not "new" in September 2014 and therefore subject to misrepresentation? This did not come to light until I recent (in the past couple of weeks) booked the vehicle in for warranty work. The vehicle is now 18 months old. Where do I stand now? I understand that if this come to light immediately I took delivery I could ask for a full refund? But what can I claim now 18 months down the line?
Expert:  JGM replied 9 months ago.

Thanks for your clarification. As you'll know many vehicles are stored before sale and the date of sale is normally the date that the warranty starts. However if Mercedes Benz are not recognising that, and I think you should query it anyway, the. Your remedy is against the seller company. It may be that they will sort this for you with Mercedes but if they stick to this then you have to claim misrepresentation as previously advised.

Customer: replied 9 months ago.
As suggested in your last correspondence I contacted Mercedes Benz and simply asked them to confirm the vehicles age (as far as they are concerned) by checking their computer system.....they confirmed it to be November 2011. Also since your last communication I asked Knowepark (the company that sold me the motorhome) to provide a history of the motorhome up to the point I took delivery, I've attached their e-mail response. I've also attached a copy of the invoice and registration document for your information. Does the Knowepark e-mail, Mercedes info, sales invoice and registration document change your opinion. What are my options?
Expert:  JGM replied 9 months ago.

Unless the dealer can get Mercedes to reset the warranty, what has happened is that they have sold you a three year old vehicle when they said they were selling you a new vehicle. That is misrepresentation irrespective of when the vehicle was registered. Your remedy is against the dealer. Their way of dealing with this should be to give you their own warranty for the period that you were told you had a warranty from the manufacturer. It's either that or you reject the vehicle and claim damages.

Customer: replied 9 months ago.
Thanks. Warranty is only one of my issues. My main concern is when I sell the vehicle as a 2014 vehicle and the new owner then takes the vehicle for service at Mercedes to be told it's actually a 2011 vehicle. I assume they'd then come back to me looking for compensation? The vehicle also had three year old perishables (tyres, seals, etc.) on it when I bought it. Based on all this what do you suggest I do?
Expert:  JGM replied 9 months ago.

If I was you I would follow my original answer on 8 August and reject the vehicle.

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