A friend of mine bought a car around 18 months ago. It's not a 911, but the analogy would be that the car was described as a 911L with a 901/06 (hope that's right) series engine. No problems noticed when buying, and the car has a certificate with chassis no. and a 901/06 engine no. He has recently had to take it to have a major oil leak looked at and has been told that the engine is something different entirely. He believes that the dealer was/is unaware of this and did sell in good faith. He paid proper matching numbers money for this - does he have any come back against the dealer?
I don't know what paperwork he signed when he bought the car - does that make a difference where the car is mis-described, albeit innocently?
Question re dealer liability
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Re: Question re dealer liability
Not legal advice etc but I think he would still have a claim against the dealer if the car was described as matching numbers - irrespective of the dealer’s knowledge. The consumer rights act should apply.
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Sam
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Re: Question re dealer liability
If it’s not as described it doesn’t matter how long ago it was or how innocent the dealer was, it’s been mis-sold.
This actual thing (the hypothetical engine one) happened to someone I know. The dealer genuinely didn’t spot the engine number stamp wasn’t original and the cases were 5R not 7R and sold it as matching numbers, which it wasn’t. They did the decent thing and admitted their mistake but it took a long, long time to agree what the difference in value between a matching and non-matching car was and the process was no fun for either party. The dealer was keen to give a full refund, the owner less keen to take it as values had risen a lot.
I wish your friend luck!
This actual thing (the hypothetical engine one) happened to someone I know. The dealer genuinely didn’t spot the engine number stamp wasn’t original and the cases were 5R not 7R and sold it as matching numbers, which it wasn’t. They did the decent thing and admitted their mistake but it took a long, long time to agree what the difference in value between a matching and non-matching car was and the process was no fun for either party. The dealer was keen to give a full refund, the owner less keen to take it as values had risen a lot.
I wish your friend luck!
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Re: Question re dealer liability
What does your friend want as the solution?
Before you tell him to lawyer up there are a couple of points to bear in mind. The consumer rights act covers them no question 14 days, 6 months is considered accepting it. Did your friend ask a 3rd party to inspect it?
Where things also get less black and white is you mentioned that the car has a certificate, this is showing that the car has x chassis/engine/gearbox number. This would have been issued by someone in the life of the car. As has been pointed out the initial solution is that the dealer refunds the money and you give the car back.
If they want the cash difference then the dealer will ask that the certification be amended to show the mistake that they both made was based on this certificate which is what they trusted. He can't just pocket the money and hope it goes away as the dealer will want to draw a line under this. Your friend will need to disclose this to the insurance company as they will value the car based on the certificate and that this is a "901/6" which it is not.
Before you tell him to lawyer up there are a couple of points to bear in mind. The consumer rights act covers them no question 14 days, 6 months is considered accepting it. Did your friend ask a 3rd party to inspect it?
Where things also get less black and white is you mentioned that the car has a certificate, this is showing that the car has x chassis/engine/gearbox number. This would have been issued by someone in the life of the car. As has been pointed out the initial solution is that the dealer refunds the money and you give the car back.
If they want the cash difference then the dealer will ask that the certification be amended to show the mistake that they both made was based on this certificate which is what they trusted. He can't just pocket the money and hope it goes away as the dealer will want to draw a line under this. Your friend will need to disclose this to the insurance company as they will value the car based on the certificate and that this is a "901/6" which it is not.
Scene tax
Re: Question re dealer liability
Also unlike the 7r/5r issue where there is a tangible mistake, a stamped engine number or visual discrepancy from what you are describing the engine number is "correct" but just not the original.
So unlike the 7r/5r example, everything matches up and technically it is not mis sold as that is what is on the car. Also if the dodgy stuff was done over 6 years ago then your friend is also out of traction with the consumer rights act as this is long enough for someone to have noticed during a service if this is visually noticeable on the outside of the engine.
So unlike the 7r/5r example, everything matches up and technically it is not mis sold as that is what is on the car. Also if the dodgy stuff was done over 6 years ago then your friend is also out of traction with the consumer rights act as this is long enough for someone to have noticed during a service if this is visually noticeable on the outside of the engine.
Scene tax