Consumer protection on purchasing New car?

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livisun

355 posts

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# 208025 23-Jan-2017 22:26

Hey guys,

2 days ago I went to Archibald & Shorter looking to purchase a new Land rover Discovery Sport

The salesman was happy to greet me, and told me about this promotion here, free upgrade of SE to HSE which has a lot more features, for $80,000 plus on-road costs - http://landrover.co.nz/specials#promotions_tier2--142

In the showroom they had a Discovery sport on display, with a price of $90,000 driveway

I asked the salesman what the difference was between the showroom model and the $80,000 promo one. He has told me that this one had the black package upgrade and the 7 seater option.

I was happy about the deal and decided to purchase. Long story short, I have taken delivery of the car and have realised that it is only the SE model and does not have the features advertised.

The sales had mislead me to think that it had the HSE options.

I miss out on these features

Front Parking Aid, Driver & Passenger Seat Memory and upgraded stereo system.

What are my options now? The brand new car is already registered to me. Can i ask for a refund?

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5537 posts

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# 1708372 23-Jan-2017 22:29

Clearly go back and park it up and ask for the vehicle you paid for, If they stuffed up the rego is not your issue and they have to give you what you agreed to

If they do not comply demand to speak to the big boss ASAP and don't drive away in the vehicle adding mileage to it

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dejadeadnz

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# 1708373 23-Jan-2017 22:35

OP, what was described on your S&P agreement?

Linux

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# 1708374 23-Jan-2017 22:37

dejadeadnz:

OP, what was described on your S&P agreement?

Very good question, I should of thought of that and you would of signed this as well as the dealer

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livisun

355 posts

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# 1708377 23-Jan-2017 22:59

On the agreement it said Land Rover Discovery Sport Td4 SE - i didn't think to check because in mind the promo said the same model, but has the HSE features.

mattwnz

15232 posts

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# 1708385 23-Jan-2017 23:15

I would take a screenshot of that advertising so you have a record.

livisun

355 posts

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# 1708387 23-Jan-2017 23:19

I pasted the link on the first post.'

Here's a screenshot

nakedmolerat

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# 1708388 23-Jan-2017 23:26

The easiest solution to this is to discuss the issue with the sales / manager of the dealership. I don't know how easy for them to move their stocks but you should be able to work something out.

The promotion states you can get free upgrade from SE to HSE but limited to TD4 engines only.

mattwnz

15232 posts

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# 1708394 23-Jan-2017 23:49

If I understand you correctly, the deal says for 80k, you get either the black pack OR the 7 seat option, and it is a free upgrade from the SE model, to the HSE model. However the one on the floor had BOTH the black pack and the 7 seat option.You presumed this was the SE model upgraded to the HSE model, based on what the salesperson told you. So did you pay more than 80k for it, which is the promo price, because you got both the black pack and the 7 seats?

Really you have to talk it through with them for a solution.

livisun

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# 1708401 24-Jan-2017 00:10

Yes I paid 90k for it, thats why i thought it was more expensive. It is a TD4 engine .

mattwnz

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# 1708402 24-Jan-2017 00:28

I would ask to speak to the manager to discuss it, that is all you can really do. I would write it all down, so you have got all the facts clearly laid out and concise

BlinkyBill

505 posts

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# 1708432 24-Jan-2017 09:01

You should go back and discuss it with them, A&S are reputable. But this looks like a miscommunication, and I think the issue is with you.

You didn't check the S&P agreement, you didn't check the vehicle before taking delivery; the dealer sold you a dealer-spec they had on the floor.

I wouldn't spend 80-90k without checking everything precisely.

But go in and chat with them.

BlinkyBill

Bung

3025 posts

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# 1708550 24-Jan-2017 11:24

livisun:
Yes I paid 90k for it, thats why i thought it was more expensive. It is a TD4 engine .

"free upgrade from SE to HSE and the choice between a free Black Pack or 5+2 seats worth up to $7150."

Putting aside the apparent missing HSE bits.

If the choices are worth up to $7150 and you should be getting 1 free why should having both options be an extra $10k? Does it have other options included as well?

trouser

1 post

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# 1711294 29-Jan-2017 11:32

There is a Motor Vehicle Disputes Tribunal decision on a case very similar to yours.

http://www.nzlii.org/nz/cases/NZMVDT/2016/138.html

Long story short couple bought new car, it didn't come with the features advertised, they asked to get them fitted, dealer not able to fit so they rejected the car and the dealer had to refund their money.

BlinkyBill

505 posts

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# 1711376 29-Jan-2017 16:26

trouser:
There is a Motor Vehicle Disputes Tribunal decision on a case very similar to yours.

http://www.nzlii.org/nz/cases/NZMVDT/2016/138.html

Long story short couple bought new car, it didn't come with the features advertised, they asked to get them fitted, dealer not able to fit so they rejected the car and the dealer had to refund their money.

I don't think it's a similar case.

The OP went in and was interested in the deal to upgrade from SE to HSE spec. The dealer had a floor model SE for $90k and the OP purchased it, thinking it was an HSE with both of the available options. But it was an SE with both of the options.

I think you'll find the sale-and-purchase agreement specified it was an SE. I will say that the OP's commentary isn't clear on this point, but I reckon that's what happened.

That's quite different to purchasing a specified model and not having all of the features there on delivery.

BlinkyBill

mattwnz

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# 1711401 29-Jan-2017 17:45

BlinkyBill:
trouser:

There is a Motor Vehicle Disputes Tribunal decision on a case very similar to yours.

http://www.nzlii.org/nz/cases/NZMVDT/2016/138.html

Long story short couple bought new car, it didn't come with the features advertised, they asked to get them fitted, dealer not able to fit so they rejected the car and the dealer had to refund their money.

I don't think it's a similar case.

The OP went in and was interested in the deal to upgrade from SE to HSE spec. The dealer had a floor model SE for $90k and the OP purchased it, thinking it was an HSE with both of the available options. But it was an SE with both of the options.

I think you'll find the sale-and-purchase agreement specified it was an SE. I will say that the OP's commentary isn't clear on this point, but I reckon that's what happened.

That's quite different to purchasing a specified model and not having all of the features there on delivery.

You omitted a very important fact, and that is that the OP allegedly asked the sales agent what the difference was between the upspeced floor model, and the one advertised on the sale ad. So allegedly they expected the floor model to have the same features as the HSE. Maybe the OP assumed that the floor model was an upspeced SE model, up to the spec of the HSE, considering it had both the other upgrades? Maybe the OP can provide further clarification?

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