Buying a Used Ex-Demo Vehicle Not as Described

Just bought an ex demo vehicle, and wanting to see what people out there think about the situation at hand. The dealer had advertised 2 similar vehicles on different ads with the same photos, and had the license plate blanked out. Both ads had nothing in the "imperfections" section, as such it was presumed that the vehicles didn't have any major scratches or detailing work to do.

There's been some issues with the vehicle, including the fact that after paying the deposit and entering the deal, the car's kms almost doubled from 4500 to 7700 kms. They did negotiate a new price based on this which was a bit lower and I was ok with that.

Upon picking up the vehicle, it had a number of issues included one key was for a different car, the license plates were not properly mounted (one was held in by 2 screws and flaps around, another has a screw going in at an angle), a fair bit of curb rash on one of the wheels (a bit on another but I can live with that) and there's 3 small but deep scratches on the rear bumper (down to plastic bumper), and the driver side rear view mirror has about 10 scratches on it that go the lenght of the mirror, albeit they are hard to see in evenings as they are thin, but in the day when the sun is shining they stand out and make it hard to focus on the traffic in the distance so I'd definitely want it replaced). I didn't pick up the mirror until about 48 hours later when I got to drive it in the morning (I know it didn't happen at my place as the car is garaged and monitored).

They've agreed to get the key and mount the plates propertly, but they are refusing to deal with anything else on the count that they already discounted the car and I saw it when I picked it up, despite the fact that I listed the items on a document advising that they were there and not as advertised. On the nsw govt advice on buying a used car from a dealer, https://www.nsw.gov.au/driving-boating-and-transport/buying-…, they say the following about cars sold:

be of acceptable quality (including that it is safe)
match the description provided or demo model

I figure that the latter hasn't been fulfilled, and the former one could question in regards to the mirror.

Of course, I'm not here to know what I think, I'm wondering what you all think, particularly with what you might think is an appropriate remedy, short of taking the car back and getting a full refund.

Comments

  • +29

    To be clear - you put down a deposit and signed a contract on an unseen demo car?

    I've driven plenty of demos in my time and I've flogged every single one of them before they got up to operating temperature. Demo's can have a very hard life. The car is literally shared around dozens of people before you and employees probably took turns in thrashing it home during the week.

    short of taking the car back and getting a full refund.

    Yeah, good luck with that one.

    • +2

      Ok I probably should have mentioned 2 points, it's an EV, and there's a 7 day money back guarantee with this particular dealer, and they are fine to honour that. What's I'm asking about is what could be a fair resolution without resorting to returning the car

      • Polestar?

        • No, it's another brand, happy to PM you or let people know once things are settled (or not settled :-))

        • +1

          Considering this is OZBargain my money is on a Merc EQ something.

          • @websterp: I wish, no where near that expensive. Happy to say it's from the Asian market for now

            • @Jackson: BYD Atto ?

              • @bazingaa: warmer, but again not going to say (that is an asian brand after all)

                • @Jackson: Hyundai IONIQ

                • +1
                • +5

                  @Jackson: Oh god, not the LDV eT60??

                  Nope, found it… GWM Ora…

                  Best quote I got for a BYD recently was 1550

                  Wooo… I'm going to go with BYD Atto 3 if OP is getting insurance quotes for a BYD…

                • @Jackson: Oh the irony in that response.

                • @Jackson: Hyundai Ioniq Electric? I have one and it's good but it's got a few QC issues.

    • +2

      And with the high kms for a demo and all the scratches its more like a "used car" than a demo.

  • be of acceptable quality (including that it is safe)
    match the description provided or demo model

    I figure that the latter hasn't been fulfilled, and the former one could question in regards to the mirror.

    Why hasn't the latter been fulfilled? Car was advertised as Make Model, provided it ended up being the right make and model, it was as described.

    The fact you bought sight unseen, and sounds like it may not even be a demo model but rather a used car, well that's on you. That's why you always make sure there's a "subject to satisfactory viewing/inspection/test drive" or some such to protect yourself.

    When the kms were altered, and you entered into a new contract at the new price after viewing the vehicle, you agreed to purchase the vehicle as you had seen it at the time

    • +1

      The pictures of both ads, despite being different cars, were the same car, meaning that it's impossible for anyone to know if the car in the picutres were the one they were seeing. I should have mentioned there's a money back guarantee provided I haven't driven over 500kms and the dealer is ok with that, but I like the car and it would be better if we could come to agreement on another remedy.

      Edit: also there were no imperfections listed on either ad, and clearly at least one of the cars had imperfections. That means that at least in one case, there was false advertising due to (at the very least) negligence. They've admitted that is was just negligence and not deliberate, and I believe them

      • -1

        Isnt it simple. You bought the car as you thought was described.

        There were differences. Some have been rectified.

        You can get a refund within 7 days.

        Unfortunately its not as described so you want extra off to make it worth it to you.

        Dealer (like all sellers) says you got the best price they want to drop it to.

        You can accept that price, or return it.

        Sorry but it appears they dont want to give you extra discount. Now if they didn't have the money back option, that is a different story but they do.

        Not much anyone can do if they dont want to drop price any further.

        • I don't want extra off actually, I'd like a new mirror and maybe a repair on the wheel, they don't really cost that much, it's the principle. I would however accept the value of these things off and do them myself and a fair resolution.

          • +1

            @Jackson:

            I'd like a new mirror and maybe a repair on the wheel

            And they've said no.

            they don't really cost that much, it's the principle.

            Principle? They're a used car dealer haha. If principle is of importance you you then returning the car is an option that's still on the table.

  • +3

    Please upload some pictures

  • -1

    I’d be worried about the imperfections you can’t see on a used car e.g fvcked guts

    • -1

      it's an EV, so highly unlikely I would say

      • -5

        Righto Elon

        • +1

          Not a Tesla, if only I had his money though, probably would hand in my Ozbargain membership

  • What resolution are you seeking?

    • just repairs to said issues

      • +1

        Keep kicking up a stink then cause that’s probably your only option seeking as though you have left the dealership with the car

        • thanks for that, I'm trying to do so politely

  • +14

    I think that any rights you may have had expired when you negotiated a new price based on the extra kilometers and implied additional wear and tear. At that point any description in the original advertising became irrelevant.

    Basically, you accepted the additional wear and tear in exchange for a further discount, and then accepted it again when you drove the car off the lot.

    At this stage you're just dealing with buyer's remorse.

    Feel good that you got a reasonable price on a near-new car and move on with your life.

    • When I arrived there and noted the wear in the relevant documentation, I figured that isn't accepting the wear, at least not without some potential remedy. I should have been clear that returning the car is an option.

      I actually don't have any remorse, the car is cracking and I got a good deal regardless, I just think people need to advsertise what they have correctly and then come good on it if they haven't.

      • I just think people need to advsertise what they have correctly

        You're dealing with a used car merchant, not a person.

    • +4

      Agree with this comment. You saw the car then negotiated a lower price with the defects/issues you saw when you picked it up (or was that before you saw it in person?). You may have noticed additional issues when you brought the vehicle home, but the time to identify them was when you were at the dealership and before you took possession of the vehicle. Issues probably became more apparent when you spent more time with vehicle, and in different lights/conditions, but "thems the breaks" of buying a used car which has already been driven the real world before you. From the dealer's perspective, you sound like you have buyer's remorse and are trying to squeeze another discount after you've taken possession of the car.

      If you have that much remorse, return it under the policy. See what value your time has in all that mucking around and finding a replacement etc.

  • +2

    short of taking the car back and getting a full refund.

    Lol… that i'snt going to happen. Just saw your new comment about "7 day not happy return" return policy… Just return it, get your money back. You are never going to be happy with this car and it is going to do your head in for the length of ownership and you will be looking at reasons to get a refund forever. Every little slight imperfection is going to give you a headache. Just hand it back before the 7 days are up.

    As for the issues, did you not inspect the vehicle at any time during the sales procedure? Was it dont from interstate? Over the phone? across the intertnet? I dont get how you missed these things at the inspection…

    And even if ti was sight-unseen purchase, you should have made it "subject to final inspection". Added to this, of all these issues, why did you sign off on the final contract of sale?

    It's literally like you didnt look at the vehicle until you were driving it out the gate…

    • +1

      They have already offered the 7 day refund as a solution, so it's full well able to happen and on their side, I beileve they would rather not have the hassle of anything else as they realise what they did wasn't quite right, and some of the issues stem from the dealer not being where the car is. The dealer was interstate, and initially I was under the impression the car was too, but at a very late stage they advised that it was across town from me. I was advised I would have to sign during business hours if I wanted to pick it up that night. I picked up the few undisclosed defects on the spot and completed the appropraite documenation, except for the mirror as it's not clear unless in birght sunlight. Prior to that I'd been sent a video walk around.

      • +4

        I beileve they would rather not have the hassle of anything else as they realise what they did wasn't quite right,

        The first half of your sentence is right, the second isnt. It will probably cost them too much to repair, so they are better off getting the car back and selling it to someone else.

        This is as good as you will get. You either take the car as is, or you return it and get a refund. You are not going to get the car repaired.

        • No worries thanks for your opinion, I'll be sure to update people when I reach a resolution

  • +13

    I don't get it?
    Just take the refund and find one somewhere else if it's bothering you so much

    • -6

      It's not commonly available, as it's a rare model.

      • +1

        Then keep it with the imperfections if it's such a rare car because your only other option is to return it. What exactly is the confusion?

  • Aahh for crying out loud. Why did you take delivery if you weren’t happy? Why did you buy a demo car sight unseen? Yes, it should be ‘like new’ but no, it isn’t going to be perfect. If you aren’t happy, you get a resolution before you drive away.

    • It was a bit of a complex purchase, dealer was interstate, I was elsewhere, car was across town (about 1 hour drive from home) and I'm an extremely time poor individual :-) I didn't say I wasn't happy btw, I am just perturbed by the fact that they should have advertised the imperfections. They also like I said advised they will take the car back but not fix some of the issues, having got this far I'd like to keep the car but wished they could fix what could be

      • +2

        It doesn't sound wise to have invested in purchase with such risks if you don't have the time to investigate to appropriately mitigate the risks…

      • +3

        Not sure how many threads this forum has posted about buying cars from interstate and getting a nasty surprise.

        I’ll stand by if you are buying a car, don’t take delivery until you’ve inspected it and happy with it.

        Buying interstate is fraught with danger.

  • +1

    All things being said in the above comments, the bottom line is that you have some scratches that are not a result of heavy collisions. They are all on the plastic parts - meaning they won't rust and deteriorate with time. Touch up paint is $20. Everything else is coulda shoulda woulda. Move on, you'll know better next time you go buying a car. Enjoy your new car.

  • Share a photo of the scratches you want fixed? How much to replace that part or fix it from outside?

  • +3

    EV, rare, damage……these are the holy trinity of ownership disasters that won't get rewarded with resell value. I hope OP really really really likes the car or it was such a bargain that no one could refuse.

    To me this sounds like OP bought a BYD E6.

    • Time to come clean, you win the guessing competition. Have been driving the car for 6 months now and it's great, no real issues to speak from aside from the few shortcomings it inherently has that I knew about whne I bought it. I will hopefully have many, many years of happy driving. Twice the size of a BYD Seal and half the price, I really can't complain.

  • +1

    A demo car isn’t new… that’s why it’s less
    It’s got minor wear and tear
    Don’t know why your expecting it to be brand new condition

    If you paid more for a new car you wouldn’t have these squabbles

    • But would $5k further in debt

  • Neva buy a vehicle unseen - unless you have a large YT following for the clicks
    All ads should have VIN and KM advertised - you should have checked these!!!
    If you do view the car take lots of pictures of the issues including the VIN. you dont want swapping or parts removed when you pick it up.

    Check the paperwork and rego vin and year etc… dealerships can and do make mistakes filling in forms.

    8 years ago I bought a m/bike, dealer wanted to charge me $750 more than the ad sign stuck on the bike…
    rego was also wrong VIN (transposed 2 num) and did not match VIN year model (1 year older)
    so paper work and rego needed updating before i paid for it.
    Why does this matter… Many things are linked to the Rego, like Bike Info, so Insurance will not cover incorrect VIN, and you can be fined for driving/riding an unregistered/uninsured vehicle.

    • Thanks, all very handy to know. No such issues in my case fortunately, just hoping some last few things woudl be fixed.

  • easyauto?

    • No dice

  • You entered into a new contract after seeing the vehicle. You have two options. If it’s VFM in your opinion put up with it. If not return for a refund. Simple really. Haggling further is not acceptable as they’ve already indicated. Deal with facts. Opinions don’t matter

    • It's def VFM provided there's no gremlins :-)

  • Sometime the margin between demo and new cars are just a few thousands $, better to buy new. also incremental costs less than 5%!

    • Pleased to say in this case, it wasn't, it was a fair deal. It's just the bad aftertaste of less than full disclosure.

  • +1

    7000k, I wouldn’t call it a demo, more like 2nd hand. Demos are good for one thing, flogging the sh1te out of them.
    Get your refund ASAP.

  • +10

    Am I reading this right? OP:

    • got a good initial deal
    • noticed a few issues and then got a better deal
    • noticed some other issues later (that should have been picked up earlier, by them) and wants a better deal again
    • actually doesn't want to return the car as offered
    • is being weirdly cagey about make/model of said car
    • maybe just wants to have a bit of a whinge on the internet?
    • -3

      I am honoured, there's actually 5 people following this thread that are willing to vote. The feedback is really appreciated.

      I will try not to keep you in suspense too long.

      Regarding why I posted, it's exactly because I want to know if, upon selling someone a car, the dealer is obliged to do anything aside from just offer a full refund on the car. Are they ever obliged to fix something, and if so what, and what's the logic behind what is fixable and isn't, and does the dealer saying "too bad, you can have a refund" absolve them of ever having to fix anything?

      • +1

        You want to force them to make you happy. They have said effectively that they are not able to do that, and are offering a refund, which is fair enough from them. Ball is in your court and you have 1 choice to make.

      • No. The seller advertised a price to sell the car. When the buyer approaches the seller with their conditions of sale (price and conditions), this is the offer. An offer can be withdrawn at any time before acceptance.

        They realised that their goods were advertised at the wrong price. OR they weren't prepared to make you a counter offer, and they offered to withdraw the car from sale and give you a full refund.

        It's how formation of contracts work.

        • Well, the seller advertised 3 cars with one set of photos, the photos were for a different car, and then I rock up and while I picked a few things out that weren't right, and the sales person wasn't there only someone for me to collect the car from, I noted these things on the pick up contracts which I signed, so it was on record. If I wanted to be a hole about it it's a bait and switch, and that's illegal and has penalties. But the issue here is not about the contract or breach of it just, it's about what is a fair remedy.

          Either way the story has a happy ending, I got the mirror delivered brand new for 50 bucks, and easy to fit myself. I can live with the scratches, it's a family car so it's copping the proverbial beating anyway, and I will keep it a long time if all is well.

    • -2

      i agree, and people are saying some of my posts are bad……………..lol

  • Once you further negotiated and the fact that you missed to notice the scratches on the mirror upon accepting the car, might not give you any edge over the dealer. Although, yes, being polite and getting work done could be one of the workable options.

    People here asking for the make and model so that they might be able to help you further in getting the mirrors fixed economically (assuming they own the same car) in case dealer refuses to cooperate. And I'm not able to understand why you're being so weirdly secretive about disclosing make and model. It's just a model of the car, no one's asking for the VIN to check on the accident history or to report to the police about the drugs you're hiding inside.

    • The car is a bit of a unicorn, knowing the model basically means the dealer reading this will know for sure they are the ones, and I also don't want to be seen as incriminating them before the we have had a chance to sort out our differences.

      • You've already mentioned the specific details of the issues, don't you think the dealer already have figured you out?

      • So the other similar car (with 4500km on the clock) is a lesser model?

        • Actually it's the same car, but they won't change it. I realised why later, they lost the keys for it! How did I know that? They gave the keys to me by accident (I have returned them now)

  • -1

    We sold a 2017 vehicle to a dealer after five years. But later it was advertised as "Dealer Used"!

    • That's terrible form

      • +6

        Dealer used doesn’t mean used by the dealer. It means a dealer is selling and it’s used.

        Dealer new, dealer demo, dealer used, private used and the descriptors used in carsales ads.

        • I learn something new everyday!

          • @devank: If a car dealer says something that has better and worse connotations, the reality will be the worse one. They are the least trusted profession for a reason.

  • +1

    I have not read every word, so maybe it's in there, but would there be a cost in returning the vehicle….. i.e. has the rego been transferred?

    • No, no cost. The cheeky thing that the dealer did was that when I suggested sending this one back and buying one of the others with full disclosure they said they aren't ready for sale and won't be until after the 7 days lapses. This could be just them being extra diligent after the sh!t show with this one or it could be that they sense I like this car and don't want to lose out on this deal, and want to sell me the one in the least condition as it will be easier to sell the others, but that's speculation

      • This could be just them being extra diligent after the sh!t show with this one

        One man’s sh!t show is another man’s Meh.

        • True, and I ended up working out that it wasn't ready because they lost the keys, and I only found out because they sent them to me by accident. Like I said, they were very disorganised

  • +1

    Solution for you - give the car back within 7 days. Get the refund. Move on. Look for another unicorn. Pay the unicorn price.

  • +1

    on the count that

    "on account that"

    • +1

      "on account that"

      "on account of the fact that"

      I went back and read my post, I'm pretty sure that was an autocorrect, I did mean to say on account that but technically that's also a bit lazy grammar

  • Unrelated, but how muxh pf a discount did you get on the demo vs brand new in this market?

    • Well, it's technically not a demo anymore, but it was about 34% off new car price

    • +1

      So just for full disclosure, the car was initially listed at 40k, I talked then down to a bit over 26k. Glad that I did now that prices have dropped so far just recently

      • +1

        Thats ridiculous… that's a SOLID haggle mate. Although sounds like it was a headache. Was it an EV?

        • BYD e6. Yeah it was nuts, the dealer was all over the place as mentioned, very disorganised. Haggled them down to 29 after a serious effort as it was advertised as 4500km and then they told me it had 7700km the day before I picked it up, so I managed to get an extra 2k off and I got them to take off the free tinting and service which was 650. As you can imagine I didn't want to lose the deal, especially since during that time a new car stopped having over 4.5k in rebates, so if I went back to a new car I would have been much worse off due to the dealer stuffing me around

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