Advert not correct

[motorist]

Hi All

 

Newbie here so please be gentle. my query is

 

If a car dealer advertises in the press a car with "a full Honda service history" and when asked about the service history he confirms it verbally (athough he will most probably deny it) and it later turns out not to have the full Honda service history have I any legal right to get my money (£6,000) back. The service history is only partial and what there is of it is mostly done at an independent garage not a Honda dealer.

 

I did give the car a look over, tyres etc but in the excitement of a new, second hand car, I forgot to check the service book. I have had the car for 4 days when I discovered the problem and the dealer will not give me my money back.

 

Thanks

[sailor sam]

Hi,

 

I take it you have kept a copy of the advert to help your case.

 

First thing is to write to the dealer requesting the 'full Honda service history' as advertised. Indicate that you will be seeking legal advice under the SOGA should they not provide you with this within 14 days from your letter. Send by recorded delivery and obviously keep a copy.

 

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[heliosuk]

Possibly yes, but doubtfull. You could argue misrepresentation but the reality will come down to the difference in value between a full Honda service history, a full service history, a service history and no service history.

 

Sometimes a full dealer history is not as good as a full history depending on the dealer group. I would suggest that depending on the time you intend to keep it, pursuing might cost more than the difference in values.

 

However as sam points out, if advertised as a full Honda history and your decision to buy was based on that fact alone, and only that fact, then you would be entitled to reject under SOGA and misrepresentation then you'd be entitled ask for the full value.

 

Remember if you reject, you have to stop using immeadiatly and these cases can take some time to sort out.

 

Personally I'd go for a refund of difference in value as this should be relatively quick but not without it's pitfalls.

[motorist]

Thanks all

 

After 3 weeks of the garage not cooperating they suddenly offered ny money back less £200.

 

Maybe this was a high price to pay but as I forgot to look at the service book and it may cost many hundreds to sue (being over the small claims limit) I decided to take the offer.