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    Okay I guess this is the right place to post it since it's car related, here goes;

    Basically my parents helped to buy me a used toyota yaris for my 18th from a toyota garage, on the advert specification on their website it said the car had air conditioning. My mum picked the car up and the guy showed her all the controls but what she didn't realise was that what he said was the air-con was actually the fan.

    So it turns out the car doesn't have any air-conditioning or alloy wheels (which it also was supposed to have according to the advert), when I rang them they admitted someone had made a ****-up and it was their fault. Instead they offered to swap my car for one with air-con which was three years older and with more mileage (their selling point was that it had a sun roof :rolleyes:) so I said no. We then got rang back by another woman who worked there, she said they couldn't put air conditioning in the car and that anyway it was our fault (even though they'd already admittted they were to blame) and they couldn't do anything. I went to another local toyota dealer to see if it is actually possible put in a/c and he said they could but it's a big job and would cost £1,200.

    I already feel like i'm compromising since i'm willing to overlook the lack of alloy wheels (they'll only bump up my insurance), but even if they don't pay to have a/c fitted i feel like I should at least they should offer me something better than a car which is worth less than the one I already have.

    Am I in the wrong here? I don't really know what to do, i've already threatened to take them to trading standards and the woman got a bit jumpy when I said that and said she'd ring back tomorrow. I don't really know what to say to her when she does, or what to suggest as a reasonable compromise. Any help would be appreciated

    sorry for the long post :p:
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    What was the advert? A lot of adverts advertise a car at a certain price, but then in the small print they say the car shown is another model that costs more.
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    (Original post by Alex Mann)
    What was the advert? A lot of adverts advertise a car at a certain price, but then in the small print they say the car shown is another model that costs more.
    I did a search on Toyota's website and it brought up a list of specific cars, the advert listed the features of the actual car. When I rang them the first time they even admitted that they had made the mistake and that they had falsely advertised.
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    Sounds like they're just being out of order then. I would keep hassling them for a couple of days, and don't let up on the alloys either (unless they'll refund a relevant amount of money). If they don't give in, then do go to trading standards! You've paid your money, they should give you what has been promised.
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    Okay thanks, it's just that they're now turning around and saying we should have checked but my mum just expected the car to have what they said it had, she didn't know what to look for anyway. I just wanted to check that i was right to be trying to get them to do something about it.
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    You won't get anywhere - the advert was little more than an indication, have you paid the full amount and accepted the car?

    You can't really retrofit air conditioning, it's not something that's done.
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    They should do something about it, even if just as a good will gesture. Its rare for someone not to check these things before buying a car (things like alloy wheels for example, i'd check them for scratches especially at a dealer as they'll normally refurb for free if you point them out) But i guess if your mum didnt know what she was looking for you wouldnt look at these things.

    Anyway, dont let up about the air con or the alloy wheels. Out of interest was the price you paid for the Yaris comparible to one without air con and alloy wheels? Did the model you buy come with ait conditioning/alloy wheels or was it a huge error in listing. (For example offering for sale a erm, fiesta finesse with alloys and air con which it didnt come with standard.)

    If the price you paid was a price you see Yaris' go for WITH air con/ alloys i would say they HAD to offer me a replacement car with these features for the same price. Otherwise a refund.
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    The problem is that this always happens and adverts on a site like that are just invitations, they are often wrong. A clio we went to look for was advertised as the 1.5 dci 106 bhp, but on closer look was just the 65 version. We couldn't have bought it and then complained because if we had asked at the dealership which engine it was (which we did) they would say. Since you didn't buy it through the website, I doubt you will get far, maybe a small good will gesture such as free first service.
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    (Original post by pghstochaj)
    The problem is that this always happens and adverts on a site like that are just invitations, they are often wrong. A clio we went to look for was advertised as the 1.5 dci 106 bhp, but on closer look was just the 65 version. We couldn't have bought it and then complained because if we had asked at the dealership which engine it was (which we did) they would say. Since you didn't buy it through the website, I doubt you will get far, maybe a small good will gesture such as free first service.
    An advert is not binding pre-sale, but is most likely to be binding post-sale.

    E.g. Advert for Car X at wrong price, you cannot demand they sell it to you at the price stated, as there is no contract at that point and they are within their rights to reject the contract you are effectively proposing

    However, if it went something like:

    Hi, I'd like to buy this car (points to advert)
    Ok madam, it will be £xxxx
    (pays money)
    (recieves keys)

    Then a contract has been formed, and the terms in the advert are binding.

    If at any point they said "There is no aircon, thats unfortunately a mistake in the advert" then they are rejecting your mums offer and making a new offer, namely one of a lesser specified car at the same price. This then leaves you with no legal recourse.

    Personally if I was in your situation I would ask a solicitor if I had a case (they will normally see you for an introductory chat free of charge) then if they say I do, sue them for either my money back or for enough to have aircon retrofitted (depending on legal advice)
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    To be honest I would go and play holy hell with them.

    I would demand some money back or Air-con installed. Push them.
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    I am talking realistically, I have never looked into the law on it. An advert like that in practice on a website should never be trusted and will be accompanied by some form of note saying "May be inaccuracies, always check with dealer". A dealer can not know what the Toyoto website has said about the car and unless the dealer specifically stated on purchase "It has aircon" then I expect there's little chance of getting more than a free service out of it, at best.

    Yep, here we go:

    (Original post by Toyota)
    This web site is for information purposes only and relates solely to Toyota vehicles and other products and services available in the UK. It is aimed at UK residents only.

    Toyota is not liable for any action you may take as a result of relying on any information provided in this web site or for any loss or damage suffered by you as a result of you taking this action.

    Toyota tries to make sure that all information contained on this web site is correct but it does not accept any liability for any error or omission.

    Toyota does not guarantee the availability of any models or services as described or shown on this site, nor is it guaranteeing the specifications of any models available in the UK or elsewhere.
    You should check with your preferred Toyota Centre that any information is accurate before acting on it. Please note that in particular prices and other details may be subject to change.

    All material contained in this web site is only provided for the purpose of providing information about Toyota and the products and services it supplies. Any purchase or other transaction in relation to any products or services provided by Toyota will be subject to contractual terms. None of the material on this web site is or is intended to be an offer for sale or supply of any goods or services which is capable of acceptance. In particular, none of this information constitutes an offer to sell you any kind of investment and you should not rely on it in connection with any investment decision.

    You are solely responsible for deciding whether any of our products or services are suitable for your purposes. None of the information contained in this web site shall form a condition, warranty or other term of any agreement which you may enter into with Toyota or any Toyota Centre for the supply or sale of goods or services. In particular, Toyota does not give or enter into any conditions, warranties or other terms or representations as to the fitness for purpose, satisfactory quality or compliance with description of any vehicles or other products which may be referred to in this web site.
    A website in this case, which doesn't allow purchases to be made, is only indicative of what offers should be available, for example, the cars may well have been sold and the site not updated. The fact it is indicative and not actual sales then I expect trading standards would be able to do very little. Trading standards are more worried about current ongoing repeat offences, not just one offs like this.


    I would bet a lot of money that retro-fitting AC will NEVER happen to this car, and it will just be a small good will gesture for the mistake on the website. In this case it should go down as experience, always check everything you expect/hope to be on the car is actually present.
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    (Original post by pghstochaj)
    I am talking realistically, I have never looked into the law on it. An advert like that in practice on a website should never be trusted and will be accompanied by some form of note saying "May be inaccuracies, always check with dealer". A dealer can not know what the Toyoto website has said about the car and unless the dealer specifically stated on purchase "It has aircon" then I expect there's little chance of getting more than a free service out of it, at best.
    Given that the original poster mentioned that when asked about the aircon, they tried to claim the fan was aircon, I think a contract exists for a car with aircon. If they had said that there wasn't any aircon then there would be no recourse.

    Proving this on the balance of probabilities is another matter however.

    It may be worth getting Trading Standards involved, or even if you are wanting to escalate matters, flyering with details of being "ripped off" at their busiest periods right outside their dealership.
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    Try telling a small claims court that a supposedly experience sales advisor said "this is air conditioning" and turned on the fan, they won't believe it, maybe from the work experience boy they would. It is more likely a misunderstanding by the customer than a mis-sale by the dealership since few would be stupid enough to pass it off as air con. I.e. because of the mistake on the Toyota website (covered by their "do check this could be a mistake" disclaimer) the customer assumed such an item was present and didn't fully question it. This would be backed up by missing the fact it had no alloy wheels, a very easy thing to spot.
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    (Original post by pghstochaj)
    Try telling a small claims court that a supposedly experience sales advisor said "this is air conditioning" and turned on the fan, they won't believe it, maybe from the work experience boy they would. It is more likely a misunderstanding by the customer than a mis-sale by the dealership since few would be stupid enough to pass it off as air con. I.e. because of the mistake on the Toyota website (covered by their "do check this could be a mistake" disclaimer) the customer assumed such an item was present and didn't fully question it. This would be backed up by missing the fact it had no alloy wheels, a very easy thing to spot.
    To be honest it all depends on what evidence they have rather than unprovable conversations.

    The original poster mentioned there was an admission of fault from the garage and the offer of an older model with aircon. If this was in writing and not drafted incredibly carefully then it is game over for the garage.

    If there is nothing in writing, then I agree there is not much hope in court. If the original poster gets Trading Standards involved however, then a history of issues like this being raised might swing the balance of probabilities in the original poster's favour.

    I think the best chance the OP has is if they make a written complaint to the garage first and see what comes back in writing.

    In my opinion, the garage (if they have truly admitted fault) should accept the car back, refund in full the money paid, and pay any reasonable out of pocket expenses such as any administration fees involved in changing insurance details etc.
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    Thanks for the replies guys. I really don't want the hassle of going through a small claims court and i don't think i'd get anywhere anyway as it was only the salesman on the phone admitting he'd made a mistake. I know we should have checked everything on the car but we were in the middle of moving and house and to be honest my mum had other stuff to be worrying about. But I mean we did make it clear that we wanted the car they were advertising and they had the opportunity to say what it was missing, but yeah I guess it was also our responsibility so I don't know.

    I suppose i'll just have to wait and see what they say tomorrow when/if they ring back.

    and :rofl: at 'flyering' dave134 :p:
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    You should have checked before you picked it up, and I would be very surprised if your mum couldn't tell the difference between air-con and a fan? I would be surprised if the dealer does anything about it, you could push them to knock a few quid of I guess.

    However what I would be more worried about is what you actually bought? If you fail to check something as simple as air-con have you actually checked any of the more important stuff? History, Service History, NUmber of previous owners, is the mileage correct.
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    (Original post by Pookie)
    You should have checked before you picked it up, and I would be very surprised if your mum couldn't tell the difference between air-con and a fan? I would be surprised if the dealer does anything about it, you could push them to knock a few quid of I guess.

    However what I would be more worried about is what you actually bought? If you fail to check something as simple as air-con have you actually checked any of the more important stuff? History, Service History, NUmber of previous owners, is the mileage correct.
    Yeah all that stuff is correct. Like you said air-conditioning is a "simple thing" in comparison and yeah we might have overlooked that but we're not stupid enough to buy a car without checking that it's actually roadworthy...thanks for asking though
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    We have had an issue with a company about something totally different, and have gone to trading standards about it. It might be worth you giving them a ring if you wanted, when we first rang them they gave us a lot of advice on the phone about what the likely outcome should be, where to go from here etc. So they might give you some idea as to if it is worth pushing for any 'good-will' gesture etc.
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    Just thought i'd let you know what happened. Basically they said that actually they had made a mistake and they're gonna give us cash back for part of the cost of the a/c so it's all sorted now as the issue wasn't that we wanted air-con in the car just that we'd paid for something we didn't get. So thanks guys
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    ye i was just about to say, toyotas customer services is genrally amazing, so knew they would sort it.

    glad ure sorted now though.

    nice cars tho yaris'. good choice.
 
 
 
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