Advice pls, approved used car supplied with wrong spec

[Booner!]

Hey guys,

Advice for my father please. He sought out a specific spec via BMW approved used and finally settled on a deal to buy an approved used BMW X5 and trade in his ML. The car was high spec and the advert stated "adaptive Xenon's", which is something my father wanted and had also checked in person to make sure, to which the sales rep confirmed.

After taking the car home, he has started working his way around the vehicle to get used to the new car and discovered that despite the slightly blue tinge to the lights and confirmation from the sales rep/advertisement, the lights are in fact only basic halogen lights.

BMW have agreed that they made a mistake on this and offered £300, but my father wants the Xenons or them to take the car back so he can get the spec that he wanted.

This happened under a week ago and I've just got involved as I feel that £300 isn't adequate given that he bought the car to move forwards in spec and both advert and sales rep have effectively miss-sold him the car as it's not as described.

Any advice? I checked out the Consumer rights act and the AA for advice, which suggests that he stands a good chance he can return the vehicle and get back his car? or can they fit xenons to it? (this I doubt after a quick google)

Cheers

EDIT FURTHER BELOW TO CLARIFY

 

[rodenal]

If they have acknowledged yoir father wad advised incorrectly then insist it is returned and his money refunded

They are unlikely to fit xenon's to a halogen car

 

[Siliconslave]

the adaptive headlights are a £540 option on a new car so its not a bad offer for a used example... but if he's not happy with it then i'd push for a refund unless they can find annother example he'd be happy with.

 

[The_Abyss]

So whilst he checked with the sales person he didn't check the car?

Your options may be limited to cash - the ML is probably well on its way to auction so the position might be irreversible.

 

[BlastRadius]

I was put in a situation quite similar; car sold to me with central locking via key - not fob, when it had none at all, I didn't notice as it was my first car and I was quite stupid. After a month of not getting call backs or responding to emails I went to the ombudsman. He advised them to supply a different car to my satisfaction of the same value with no loss due to this taking nearly 3 months or miles accrued by me, and that is what I got. Didn't stop them treating me like something smeared on their shoe though. This was a chain of garages of which their name escapes me, was based in Fareham and had another base in Chertsey.

 

[[TW]Fox]

You can fit Xenon's to it but it's an expensive job with a 4 figure bill at the end so I doubt it would be entertained as a realistic option.

 

[Dis86]

I can indeed confirm that a xenon retrofit is generally not classed as 'economically viable'

 

[Fr0dders]

if they've acknowledged the mistake he's well within his rights to ask for a full refund. Garage are likely to want to avoid this at all costs so I'd compromise and offer to swap it for another with the spec he does want, paying any difference in the full RRP of the two, (ie taking it back for a full refund then using the cash to put towards another he does want)

£300 is a nice gesture, but doesn't change the fact they mis sold him something. As already stated, retrofit of xenons isn't going to be viable so returning is the best way.

 

[xs2man]

Unless your father bought the X5 over a distance, he really does have some responsibility here. He should have looked himself if adaptive xenons were that important to him.

With that being said, it was advertised wrongly, then he was wrongly advised by the salesman (a lesson there, no?). So he obviously has a case.

I would be asking the dealer for a quote to retrofit the adaptive xenons it was advertised with. Then let them know that that is the figure he would accept as compensation (very unlikely outcome), or else they are welcome to swap it out for an example with the required spec.

What they have done with the ML is not really his worry. He exchanged it in good faith, and if they have since sold it on, then that's on them.

 

[[TW]Fox]

Unless your father bought the X5 over a distance, he really does have some responsibility here. He should have looked himself if adaptive xenons were that important to him.

Most people would not know how to tell if an X5 was fitted with Xenon's without the sort of knowledge that a car geek has until it gets dark. When buying from a main dealer they are the experts and you are not - it is not reasonable to say it's partly his fault IMHO.

 

[Fr0dders]

you could have course just ask the salesman if you weren't sure. Because they'd know right ?

Don't think you can apportion any blame to the OP's father here. He really wanted xenons, wasn't sure how to tell so asked the salesman. Usual case of the professionals in the car trade being nothing but sloppy. You shouldn't have to double check everything you're told about something you're buying. Is it too much to expect the person selling you something to tell you the truth ? And if he doesn't know, rathern than lie, simply go and find somebody else who can answer the customer's question ?

Its ridiculous really, whenever I buy a car I usually go into full on Fox mode and know exactly which options I want, what year they came in, became standard, how to tell them apart etc.. and you walk into a garage and salesman doesn't have a clue about any of this and just makes it up as he goes along combined with a bit of reading from the piece of paper inside the car. It shouldn't be this way.

Will probably turn out the salesman has no idea what xenon headlights are, heard the word "adaptive" saw "adaptive headlights" on the spec sheet and told the OP's father "yeah of course it does"

 

[xs2man]

Of course, as a buyer, you should be able to tell what is on a car or not on a car. Obviously some things will be more difficult than others to tell, but as a buyer you can always ask for the proper spec sheet, from the factory, since it was bought from BMW.

I'm not saying he has full responsibility, obviously. But second hand car salesmen, whether from a main dealer or not, aren't exactly known for their truthfulness. So it surely stands to reason that at least some of the onus must fall to the buyer to check the vehicle has the correct spec for their needs? Especially when you are talking about the sort of sums that are presumably required to buy an AUC BMW X5.

 

[[TW]Fox]

Of course, as a buyer, you should be able to tell what is on a car or not on a car.

Some options are very hard without geek/expert level knowledge. Most people don't even know a factory printout is a thing.

For example can you please explain - without google - how to tell at a glance on a sunny forecourt whether an F10/11 5 Series is fitted with Adaptive Headlights?

 

[Jez]

Of course, as a buyer, you should be able to tell what is on a car or not on a car. Obviously some things will be more difficult than others to tell, but as a buyer you can always ask for the proper spec sheet, from the factory, since it was bought from BMW.

I'm not saying he has full responsibility, obviously. But second hand car salesmen, whether from a main dealer or not, aren't exactly known for their truthfulness. So it surely stands to reason that at least some of the onus must fall to the buyer to check the vehicle has the correct spec for their needs? Especially when you are talking about the sort of sums that are presumably required to buy an AUC BMW X5.

This is absolute nonsense! To use an analogy, i recently bought a fridge. I wanted it to make and dispense ice cubes, and i accordingly bought one which said it has an ice making machine.

Had it turned up and not had an ice making machine, then would that have been my fault? Of course not, i would have rightfully asked for a replacement with the specification which i was told i would receive, or a full refund.

 

[SpeedFreak]

The dealer was the expert, not his father. They misadvertised and misinformed him so I would expect them to put it right. I refused to consider my BMW without xenons as the halogens were poor and in all likelihood would make selling the car difficult. £300 in my pocket would not make up the difference.

 

[fezster]

I believe that car has headlight washers as standard, so it may be worth considering aftermarket xenons, which would be road legal and still pass mot. They are around a couple hundred pounds, and I've personally fitted them to an e60 5 series which wasn't too difficult. Of course, I'd ask for substantially more than £300 as compensation as this would not be an oem solution, but worth considering if everything else on the car is as required. Finding an ideal spec car is not easy and it may take a while to get another just like it.

 

[Hades]

Back in 2001 I was sold a used mk1 TT and specifically wanted Bose audio. The spec sheet said it had Bose and I checked with the salesman. Only after I had bought the car and then a few weeks later compared it to a new car with Bose did I realise it was missing. This affected the future resale value. So much to the disdain of the dealer I rejected it for a full refund.

 

[Booner!]

Unless your father bought the X5 over a distance, he really does have some responsibility here. He should have looked himself if adaptive xenons were that important to him.

With that being said, it was advertised wrongly, then he was wrongly advised by the salesman (a lesson there, no?). So he obviously has a case.

Most people would not know how to tell if an X5 was fitted with Xenon's without the sort of knowledge that a car geek has until it gets dark. When buying from a main dealer they are the experts and you are not - it is not reasonable to say it's partly his fault IMHO.

Of course, as a buyer, you should be able to tell what is on a car or not on a car. Obviously some things will be more difficult than others to tell, but as a buyer you can always ask for the proper spec sheet, from the factory, since it was bought from BMW.

I'm not saying he has full responsibility, obviously. But second hand car salesmen, whether from a main dealer or not, aren't exactly known for their truthfulness. So it surely stands to reason that at least some of the onus must fall to the buyer to check the vehicle has the correct spec for their needs? Especially when you are talking about the sort of sums that are presumably required to buy an AUC BMW X5.

This is absolute nonsense! To use an analogy, i recently bought a fridge. I wanted it to make and dispense ice cubes, and i accordingly bought one which said it has an ice making machine.

Had it turned up and not had an ice making machine, then would that have been my fault? Of course not, i would have rightfully asked for a replacement with the specification which i was told i would receive, or a full refund.

Guys, I got home and checked the facts now. The advert doesn't state Xenon or halogens, so then my dad emailed them and asked if it had Xenons as he was buying it from quite a large distance and it would save him the trouble as he's turned away 2-3 other examples which didn't have this feature.

BMW sales rep then replies and confirms via email that it has xenons, sends a photo of the lights on the vehicle in the showroom and the spec sheet to confirm via 3 separate emails.

My father stressed again in another email that it was essential to the purchase and that he was seeking the expertise of BMW (rather than buying private) to ensure he got the spec he wanted. They confirmed this again and have since said the sales rep made the mistake.

After reading the email chains and seeing the reply he got from them, I can't see how my father isn't bang to rights here as he clearly stated that he needed confirmation of the spec prior to any money being transferred or any documents being signed. Once he had confirmation 3 times via email, spec sheet and picture (which he was told was xenon despite them being off) and verbally when he asked on the test drive.

 

[Jez]

Yep the fact it is all detailed in written communication is ideal. I'd be seeking a replacement or full refund...

 

[The_Abyss]

Replacement or refund - and hope they still have the ML...