Dealer Sold Me a Different Car Variant. What Are My Options?

Lpigo on 19/06/2024 - 22:59
Last edited 20/06/2024 - 09:22 by 1 other user

Bought a 2017 Discovery Sport from a reputable car dealer in Eastern Sydney in Sept 22. It was advertised and sold as a 180 HSE variant at the time however when I went to trade-in the buyer showed me it's a 150 HSE. I contacted Land Rover and they confirmed the same.

The invoice and contract of sale with the dealer has mentioned the car as 180 HSE but in reality they sold me a lower engine capacity car at a higher price. I reached out to them and they're saying it's a mistake on their part but they can't do anything as it's been more than 20 months now.

One way to deal is to raise a complaint with Fair Trading but I'm looking for recommendation from OzBargain community about this matter.

Automotive Land Rover

Comments

  • MS Paint on 19/06/2024 - 23:02
    +2

    lower engine capacity

    It's the same engine capacity but with a different tune.

    Isn't there a badge on the tailgate that mentions horsepower tune and trim level?

    I'm guessing after 20 months it's too late. If you didn't notice 30hp difference after pickup then it is what it is.

    • pigo on 20/06/2024 - 00:23
      +12

      There is no badge stating 180/150 tune. Even though I didn't notice the difference; doesn't mean there should be easy pass for dealership for selling the incorrect variant.

    • Sinnerator on 20/06/2024 - 08:53
      -2

      how about we go with what the LAW is in Australia/State rather than your whatever

      • MS Paint on 20/06/2024 - 09:12

        Well IANAL

  • rickdwp on 19/06/2024 - 23:34
    +3

    You don't really have a leg to stand on. The legal standing would be an unfulfilled contract, but given the goods delivered clearly met or exceeded your expectations (as it's been almost 2 years) you aren't going to win anything legally by claiming they didn't fulfil the terms of the contract.

    I guarantee if you attempt any legal action you'll spend more on legal costs then you'll ever get back, so your only hope is basically goodwill from the original dealer - could always leave them a negative google review probably ya best hope at getting them to do anything. Looking on carsales thoughyou are only at a difference of maybe a couple of grand, life lesson learnt.

    • pigo on 20/06/2024 - 00:21

      I understand and the legal costs are way too high as I contacted few lawyers. Will raise a Fair trading complaint to start with

      • Euphemistic on 20/06/2024 - 10:15
        -2

        Why fair trading? You were satisfied with the deal. Owned and drove the car for ages and werent unsatisfied. Its a used car, not new. Its on you for not doing your due diligence on the car.

        Deer is gojng to say 'sorry, we made a mistake, but the customer was satisfied'.

        Whats the difference betwen the models - other than price? Its obviously not enough that its obvious to you, so it is entirely possible the dealer couldnt tell either and was going on whatever the computer told them. It coukd be someone else at fault other than the dealer. Could be LR.

        • justworld on 22/06/2024 - 13:32
          +2

          OP was satisfied with the deal because he was misled as to what he was getting. Do you tell an employee who's been incorrectly underpaid that because she didn't complain, she must have been satisfied with her pay?

          It's also not on OP for not doing due diligence - that might be correct if OP never enquired, but he was entitled to rely on the written description of the car.

          So many armchair lawyers in this thread.

          For what it's worth, the Audi/VW class action in Australia settled with owners getting $1-$2k back each - and the only misrepresentation there was as to emissions, not even engine output/performance.

          • Euphemistic on 22/06/2024 - 14:42

            @justworld: Its different buying a used car. If youve inspected and driven it youve made a decision to buy that particular car. There is no oppotunity to switch to another product. If its new, you have to rely on the dealer showing you exactly what you are going to get, or outline what any potential differences are to what you get.

            Still not clear what the difference is, and what the expectation of difference 180 vs 150 is. It cant be much if OP didnt know until someone else told them months later.

            Its also not clear if the original dealer was LR. If not, there is a good chance soneone just picked the wrong variant off a list.

            • justworld on 22/06/2024 - 14:53
              +4

              @Euphemistic: Again with the armchair lawyering. No, it's no different buying a used car. The dealer still has to abide by the ACL and the consumer is still protected against misleading and deceptive conduct. It would be different if buying privately and if the seller made no representations as to the car and said it was sold "as is". Dealers don't get to rely on this.

              The difference is both in engine output and resale value, clearly.

              • Euphemistic on 22/06/2024 - 16:02

                @justworld: I know its not 'law' amd dealers should be held accountable for misrepresentation. But we know that used car value is determined with a lot more factors than model description. We have no way of knowing was actually overpriced for its true spec, or was priced according to 7 seats, 20" wheels etc. Its possible its just a typo that didnt affect anything else. What also isn't clear is if OP was absolutely set on a 180 before the sighted the car they bought and identified as such to.the dealer.

                We all know humans make mistakes.

                At the end of the day, would you be trying to hold a customer accountable if this wa the reverse situation? Absolutely not. You'd be crowing about how you got such a bargain because the dealer screwed up and you got a 180 not a 150.

                The customer was happy with the vehcie they paid for.

      • rumblytangara on 20/06/2024 - 11:59
        +3

        Fair Trading is unlikely to get you anywhere- they don't give legally binding decisions. I had to go to NCAT after Fair Trading, so all it did was introduce a delay.

        • pigo on 20/06/2024 - 12:46

          Ok, this helps. Were you in a similar situation?

          • rumblytangara on 20/06/2024 - 12:57
            +3

            @pigo: Totally different situation, about services and not a car.

            But Fair Trading doesn't do legally enforceable judgements. NCAT does. Took 2 weeks to schedule a hearing, cost something like $50.

            There are loads of different case types within xCAT, you'd have to look at the site to see if which is relevant to you.

            Check my post history if you want more details.

  • Jaduqimon on 19/06/2024 - 23:54
    +8

    call up current affair and let them pay the dealer a visit.

    • pigo on 20/06/2024 - 00:19

      yup, naming and shaming could trigger a response

      • JDMcarfan on 20/06/2024 - 11:29

        what are you looking to achieve? human error occurs (I assume you bought from a non-JLR dealer) and you didn't notice for 2 years.
        they've admitted error but also acknowledge that they don't owe you anything given its passed the dealer guarantee period (3 months in NSW)
        you bought a JLR product so clearly you accepted heavy depreciation when you bought it so unsure what the goal is here. Maybe a couple free services on goodwill?

        I found a random 180HSE and when I did check on it myself (SCA variant finder), i get both the 150 and 180 listed as options. A PPSR is as good as useless in this regard, it just checks VIN for WOVR/FINANCE/THEFT and lists the generic model, so if that was your only check then that was severely insufficient.
        Surely you have the original owners manual? What does it state in there and the original bill of sale. Again you should've been cross-checking to this.

        Never trust a used car salesman, they're employed embodiment of Satan, even a real estate agent is better to deal with

  • El cheepo on 20/06/2024 - 00:51
    +1

    advertised and sold as a 180 HSE variant at the time however when I went to trade-in the buyer showed me it's a 150 HSE.

    So how was this shown to you by the buyer?

    What paperwork/details were missing or overlooked on the original sale?

    Presumably it should of shown up on a vin/ppsr check?

    Whats the price difference roughly between them?

    • MS Paint on 20/06/2024 - 00:58
      +1

      I'm guessing the old 8th digit on the VIN trick.

    • pigo on 20/06/2024 - 01:41

      I had done the VIN/PPSR check before purchasing and it didn't highlight if it's a 150 or 180 variant . I went in to trade-in at a dealership and they showed me it's coming up as 150 variant.

      When it was launched in 2017 the difference was about $6k (as per redbook valuations) & atm it would be $5k but mine has 7 seats along with what JLR calls as a black pack and 20" alloy wheels so all of that increases the value of the car

      • MS Paint on 20/06/2024 - 09:30

        Is the 8th digit of the VIN a G or H?

      • El cheepo on 20/06/2024 - 10:35

        I went in to trade-in at a dealership and they showed me it's coming up as 150 variant.

        By Vin?

        • MS Paint on 20/06/2024 - 10:37
          +4

          Why does it matter what the guys name was?

      • Euphemistic on 21/06/2024 - 19:20

        Hang on, can you actually confirm its a 150? Or are you just taking the trade-in guys word for it? Maybe they are trying to put one over you to get it for cheaper.

        As for fancy wheels and trim pack, you're trying to say the difference between a stock 150 and 180 is $5k but now you're adding extra $ for those extra details so the difference is virtually nothing.

        • pigo on 21/06/2024 - 23:18
          +2

          I've mentioned in my post that Land Rover confirmed it's a 150. Keeping the fancy wheel and trim pack aside, my argument is that there is a breach of contact because the car dealership sold to me is a different variant to what's was mentioned in the ad and the invoice. The ad and invoice says it's 180 but I have a proof from manufacturer that it's a 150.

  • Davo1111 on 20/06/2024 - 05:01
    +6

    If the paperwork is perfect like you explain you'd send them a letter of demand and then small claims court for the difference in value.

    Don't forget you have to have proof the car provided is the incorrect model

  • JIMB0 on 20/06/2024 - 05:11
    +6

    How many traffic light drag races would you say you lost because of this?

    • pharkurnell on 20/06/2024 - 11:20
      +2

      with the blackout kit and 20inch rims, I'd say everyone

      • JIMB0 on 20/06/2024 - 15:20
        +2

        Better put in a claim for pain and suffering caused by the humiliation.

  • Euphemistic on 20/06/2024 - 05:19
    -3

    You.might have some recourse if it was a few days after the sale. But by accepting the vehicle on collection and now driving it for quite some time you're dreaming if you want compensation. Youve had it so long you have proved it was an acceptable purchase.

  • Murkymerv on 20/06/2024 - 06:41
    +2

    from a reputable car dealer in Eastern Sydney in Sept 22.
    Apparently not !

  • LanceVance on 20/06/2024 - 09:34
    +6

    Who knew buying a Land Rover would bring problems other than reliability?
    How's the car been btw?

  • GordonD on 20/06/2024 - 10:19

    I specifically told the dealer I needed a car to tow, and was sold a car model, with distributor-supplied and dealer-fitted towbar, which was the model which the manufacturer said had a zero kilogram towing weight, and only found out shortly afterwards. And I got nothing from consumer affairs except "negotiate with the dealer", and nothing from the dealer except "bring it back and we'll take the towbar off and refund your money we charged you for it", Which would have left me with a now-used car that that not only wasn't allowed to tow a trailer, but also couldn't. So don't expect much when you complain about yours being a less powerful version when you didn't notice the difference.

    • MS Paint on 20/06/2024 - 10:34
      +1

      Reminds me of a friend of a friend who thought he got a bargain on an AWD Kluger. First time pulling a boat up a ramp with front wheels smoking he calls the dealer to see how to engage AWD as he can't find it in the manual. You know where this is going so I'll stop here.

      • Euphemistic on 21/06/2024 - 19:50

        Wonder whos error it was?. So excited with the deal your friend didnt check the car themself or pressure the dealer properly to ensure it was AWD OR they were actively decieved by the dealer or the dealer simply made a mistake or didnt even know the customer wanted AWD.

        • MS Paint on 21/06/2024 - 20:13
          +2

          It was a breakdown in communication. Buyer, who isn't a car person, assumed a lot in their mind and dealer and associated paperwork never mentioned AWD.

          • Euphemistic on 21/06/2024 - 20:49
            +1

            @MS Paint: For a non car person its a tricky one. Kluger is well marketed as an AWD and not a lot of mention of 2wd versions so if you assume they are all AWD ….

            Point being, you really need to research about the product you buy. You cannot rely on salespeople to tell you everything.

            • MS Paint on 21/06/2024 - 21:01

              @Euphemistic: On the other hand the dude knows everything about Malibu Response boats and barefoot skiing. Cars are just not his forte.

  • loropy9 on 20/06/2024 - 10:50
    +3

    The words reputable and car dealer in a same sentence… Same category as honest and real estate agent.

  • dtc on 20/06/2024 - 11:11
    +12

    Good thing most of these people are not lawyers

    If you had a contract to buy a 180HSE and they sold you a 150HSE then that is a breach of contract. You have 6 years from the date on which the cause of action arose to make a claim. None of this 'well its two years later so not chance'.

    A contract to buy a car is the same as a contract to buy anything. You additionally may have rights under the various consumer affairs or ACL legislation

    It doesnt matter if you 'should have' identified the breach earlier, that only goes to when the limitation period commences. Once you find there is a breach then you have a duty to mitigate your loss but its not clear what you could have done in this case. Perhaps if you knew about it at the time of purchase and chose to proceed with the purchase anyway, then there might be an issue around unilateral mistake but if you didnt discover it for 2 years then tough luck to the seller. Thats what contracts are about.

    Your main issue is going to be determining damages. Can you properly assess the difference between the 150 and the 180 given that the car you bought had different accessories etc. Perhaps you can.

    Then the issue is how do you enforce it. Seems like a clear breach; you can go to the small claims court. But it will take you time and effort and more time, is it worth it? Up to you.

    • Love a bargain on 20/06/2024 - 14:43
      +1

      What OP says here is a pretty valid way of estimating the "damage".

      When it was launched in 2017 the difference was about $6k (as per redbook valuations) & atm it would be $5k

      On the face of this, it would not be unreasonable to assume OP overpaid somewhere between $5-6k in 2022.

      There might be some more data at/around when OP purchased the vehicle in 2022 that shows the difference in value between the 2 variants (but otherwise similar specs vehicles). This would be worth investigating.

      If none of the data points is close enough to the purchase date, or if they vary a lot, some sort of interpolation and/ or averaging might be required. But it seems like the OP has the right idea re isolating the value of the HSE difference.

      If OP can articulate reasons why he's still entitled to make a claim (the points you raised) & come up with a reasonable amount of damages that is supported by evidence, he can just send a letter of damand to the second hand car dealer to see if they're willing to settle before he goes through the small claims court. In any events, a $5k+ claim is probably worth the effort to drag it through the small claims court system.

      OP, if you're going to negotiate, please bear in mind that the court can award pre-judgment interest to the damages to compensate you for the loss of use of that money from 2022. As such, you should factor that in the amount you demand & in your consideration of how much you're willing to accept.

    • pigo on 21/06/2024 - 16:58

      Hi @dtc,

      as you mentioned 'You have 6 years from the date on which the cause of action arose to make a claim. None of this 'well its two years later so not chance' - where would I be able to find this clause/detail to present it to dealer?

    • Euphemistic on 21/06/2024 - 19:15
      -1

      If you had a contract to buy a 180HSE and they sold you a 150HSE then that is a breach of contract.

      But the OP also bought a car they were perfectly happy with and had no idea it was not what they thought they wanted, so any claim will have that go against them.

      • Browsers on 21/06/2024 - 19:23
        +4

        Perfectly happy … until faced with substantially lower resale value. That's the loss and basis for a claim.

        • Euphemistic on 21/06/2024 - 19:24

          Except its a trade in value, its gonna be low. So far I can only see that the OP is taking the trade in guy's word for the difference.

          If you want more sell privately.

          • Browsers on 21/06/2024 - 19:28

            @Euphemistic: Yeah, I agree that the difference in value between the grades may not be so much as to be worth pursuing, and even less so with a trade-in.

            • Euphemistic on 21/06/2024 - 19:46
              -1

              @Browsers: Some people just wAnT MaH ComPeNZaSHuNz! When the reality of this situation is that there is likely bugger all difference in what OP would have paid initially vs the trade in difference now.

              • pigo on 21/06/2024 - 23:26

                @Euphemistic: @Euphemistic & @Browsers, happy with the car and could well continue using it for 10 yrs more. Not after getting a compensation or a better trade-in value; this mishap came to my attention last week and I feel it's a breach of contact as I had a contract to buy a 180HSE and they sold me a 150HSE. is it unreasonable to hold the dealership accountable for their mistake?

                • Euphemistic on 22/06/2024 - 06:48

                  @pigo: If you dont want compensation, what exactly do you want? Youve already raised it with the initial dealer. They said 'oopsie' if you arent interested in compensation, why bother with this thread? If you didnt buy it from a LR dealer youve got a total non story. As has been said, you couldn't tell it wasn't a 180, maybe a non LR dealer couldn't either.

  • DemocracyManifest on 22/06/2024 - 14:43

    Lmao

  • billy72 on 22/06/2024 - 23:48
    +1

    you should seek compensation for all the shame you got from those drag races.

  • payless69 on 24/06/2024 - 20:21

    For a moment I thought it was in QLD. Pretty bogan up here.

  • hothed on 25/06/2024 - 10:08
    +1

    To the people saying too bad its been too long and you should have noticed have NO IDEA about contract law.

    This is a clear breach of contract.

    Another method could be to delta between the redbook values of the two variants to substantiate your claim.

    Eg.
    2017 Discovery Sport 150 HSE = $20,000
    2017 Discovery Sport 180 HSE = $22,000

    Variance is $2k. That would be your claim value.

    You could argue the gap would have been larger 2 years ago, when the car was worth more money.

    • pigo on 25/06/2024 - 11:22
      -1

      Thanks for this. Also, I could argue that instead of me keeping the car they should buy back it at market price of 180 HSE (i.e. avg cost of similar cars available for sale on carsales; which comes to around $29K). I've raised it with Fair Trading and also planning to go to NCAT if required

      • Euphemistic on 25/06/2024 - 13:43

        Did you originally buy from a LR dealer?

      • hothed on 25/06/2024 - 14:06

        dealers do not buy cars at carsales average market price, otherwise they would not get any profit and cease to exist.

        • pigo on 26/06/2024 - 13:29

          They've already made their profit when they sold me the wrong car variant so now they need to show some accountability for this

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