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Hello, many thanks for your question. My name is ***** ***** I can assist you with this.
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?
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.
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.
You could, therefore, return the vehicle request your money back in full.
What's that might sound disproportionate, it is a right that you have under section 13 of the sale of goods act 1979.
Additionally, you may have a claim under the law of misrepresentation, because you assault something on false facts, which would have not purchased otherwise.
In misrepresentation claims, you're entitled to end the agreement and claim your money back.
It's the same outcome, on either legal analysis.
You could, of course, simply accept the £750 and extended warranty, but you do not have to do that.
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.
we were offered the option of returning the or the dealer finding us another.
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!
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.
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.
Okay. Then if you can show £1500 is an appropriate figure, the court is likely to award it.
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.
so is it worth contacting trading standards and reporting it.
You could do, although I doubt in reality they'll be much of a consequence from that.
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.
okay thanks for your advice