rejecting a new car as not up to spec

[keh]

I bought a new car last Thursday. When I got it home I found it had not been finished according to the specifications. I telephoned the garage straight away and took it back to them the next day. Does anyone know the legal position with regard to rejecting the car if the features I was expecting cannot be put on once the car is built. The garage have called it a misbuild but are still umming and aarghing

[Buenchico]

Your contract with the garage was that you would pay them a certain amount of money in return for receiving a car with specific specifications. By not providing such a car, they've broken the contract and you're entitled to a full refund of your money. The fact the fault may be due to an error by the manufacturer is irrelevant. The garage must refund your money. It's then up to them to seek compensation from the manufacturer but that has nothing to do with you; the garage must refund your money even if the manufacturer goes bust and they can't get a penny back themselves.

Contact your nearest Trading Standards office if you continue to experience problems:
http://www.tradingstandards.gov.uk/search/dbas e/searchlocal.cfm
(It might also help if you drop large hints about involving the local press. The threat of bad publicity might move things on faster than Trading Standards can do).

Chris

[Law Student]

I have to disagree with the answer above.

The garage must provide you with a car that meets the specification in your contract. Unless the contract specified a delivery date as a condition of the contract you will not be entitled to void the contract and get your money back. The garage hasn't 'broken' the contract, it just hasn't fulfilled it yet.

There are three possible outcomes: (a) you and the dealer agree to have your money returned; (b) you agree to accept the current car, presumably at a discount; or (c) you enforce the contract and wait for the car that you ordered.

LS

[keh]

Thanks to both of you. The garage are hopefully trying to sort it out today with the manufacturer. I am still going to insist that if the car cannot be brought up to spec then I will be asking the dealership to honour my contract with them by getting a car that is up to specifications.