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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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If a new model of a car is advertised in the national press

Customer Question

If a new model of a car is advertised in the national press as having an overall MPG of 64 and I buy the car with 16,000 miles on the clock in excellent condition only to find the actual figure is nearer to 45 MPG.
Am I entitled to demand a full refund and apology from the manufacturer and retailer for the gratuitous deceit and waste of my time and money.
Submitted: 3 years ago.
Category: Law
Expert:  Alice H replied 3 years ago.
My name is Alex Hughes and I'm happy to help with your question today.

Why do you think you should get a refund if their claim relates to a brand new car not a second hand one?
Customer: replied 3 years ago.
Because my car was as good as new and I have access to professional advice.
Expert:  Alice H replied 3 years ago.
Good aftednoon Edward. In order to demand a full refund and apology you would have to demonstrate that the seller made a misrepresentation or negligent misstatement. If you are able to do so then the other party is in breach of contract and you would be able to seek damages for your losses. In your case there are four problems. First, as you bought the car second hand, presumably from a dealer, you would not have a claim against thr manufacturer due to the docrrine of privity of contract. Under this rule your only action would be against the person who sold you the car nit a third party. Second, you would only have a claim against the dealer if and only if they made the statement about MPG. Third you would have to demonstrate that that the statement related to second hand cars as well as new ones. Fourth, that you drove the vehicle in exactly the same manner and conditions as the test vehicle. If you can overcome these difficulties then you may have grounds for a refund, but its seems highly unlikely in my opinion.