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

 

[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.

 

[Booner!]

My father hasn't used the car since in fairness, it's delivery mileage from the dealer and sat on the drive as he only got as far as reading the manual and working his way around the new vehicle features. I think the salesman has read adaptive control (1-3 wheel) next to the lights which does feature in the spec sheet and misinterpreted this to be in fact adaptive xenons. Easy mistake to make for a buyer or possibly private sale, but from an AUC BMW salesman - in my eyes you are paying a premium for 100% reassurance and expertise in the sale.

 

[Booner!]

The point to also note here is that they aren't Xenons, they are halogen. He didn't buy an X5 just for Xenon lights, his point is that they were essential (and he stressed this) to the specification of the car amongst other items. After researching and doubting the initial claims, he took more steps to receive assurance from the BMW sales person to get writing confirmation/spec sheet to back up the initial check they did.

The car came down a distance for a road test during daylight, he then asked the BMW Sales rep a 5th time in the car verbally and it was confirmed. This I think demonstrates ample checks in the absence of knowledge and I appreciate that for some, spotting the difference between lights might be more common on a motoring forum - but we are talking about somebody who isn't a fountain of motoring knowledge outside of that of classic cars back in the day (!). He isn't a walking BMW manual/wiki and therefore I think the buyer beware is invalid in this instance. If he didn't take suitable steps to get confidence, then I see where you are coming from.

Edit - I checked out an X5 for him a while ago and seem to remember the halogens having an outer ring of regular (slightly warmer/yellow) light and the inner bulb starts blue-ish and goes whiter. But this is literally just from memory. I will go to theirs tonight and check the car and check. If this was the case, then I can understand why you'd need to check. Being a car enthusiast, I'd have looked for the warning stickers inside the bonnet, the colour, full beam and noticed the 1-3 roller inside when checking, but I'm familiar-ish with more modern features compared with my old man!

 

[Booner!]

Sounds like the bigger issue is the lack of Xenons not the lack of adaptive function anyway? The dealer gesture seems to be an appropriate compensation for lack of adaptice function but not for lack of xenons entirely.

It's just an X5, not the rarest car in the world - surely asking them to source something comparable and swap it wouldnt be unrealistic

Agreed, I'll report back what they say. It's not a rare car to find another - but for the right spec and value, but they may have already auctioned off his ML...but that's not his problem I suppose - BMW has bigger pockets than my retired old man!

 

[Booner!]

The 5% apportion is because the buyer bought without fully knowing. Buyer beware. Which is all over the internet, particularly on car forums, most especially when purchasing second hand cars. But apparently not here on OCUK. 5% is minimal blame anyway. 95% dealers fault is plenty.

Without meaning to fuel the fire, just on this point. My father said buyer beware and budgetted extra to buy AUC from BMW to be safe in his search, plus I'd say 5 confirmations (Verbal, 3 written, then verbal again in the car when test driving) when buying from distance is pretty much solid on the side of being aware and covering it off!

 

[Booner!]

Will have an update for you all tomorrow, sounds like a deal is being done...

BMW have held their hands up. Still a bit annoying after the lengthy and detailed search he's had over the last few months.

 

[Booner!]

What was the outcome in the end?

We were waiting for BMW to confirm the deal since Friday - I'll check in with my dad and find out if he had heard back from them...

 

[Booner!]

The deal (which I've steered to what I think is a fair resolution) is a cheque for £750, new set wiper blades and fixing the glovebox light - a couple of issues which the car should have really had sorted.

They have to also fix a faulty parking sensor - warranty will cover and said they will not fit better bulbs to the car, so we need to sort that locally.

My dad loves the car and will accept, but pretty poor performance from BMW sales here in my opinion.

Resolved as far as he is concerned once we've fitted better Phillips bulbs or whatever comes out best after a little further research.