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"New" car from franchised dealer comes without spare key
Hi all,
Bought a "new" car, used Nissan Micra, 2 years old(so within manufacturers warranty) about a month ago, from a Nissan dealer. After paying, and then later picking up the car, I found it did not have a spare key. As we all know, on modern cars(especially as Micras are keyless entry), the keys are far from cheap, and even more expensive if you lose one. Therefore, not in my opinion a insignificant item - although I freely admit it would not have changed my opinion on purchasing it. These cars all come with spare keys as standard when new.
Asked the garage, who basically said "the car comes with what it comes with", and they could not supply a new spare key for me. My opinion is that, as it was not explicitly stated to me that the car did NOT have a spare key, it is reasonable that I should expect one, due to the age of the car(and it has only done 15k - not really relevant but they obviously sold it on this basis!), as in my opinion for a car of this age, it is along the same lines of asking whether it had a spare tyre - I would expect such things to be present unless otherwise stated. Who is right?
By trade - I'm an IT engineer working in the housing sector.
Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.
Re: "New" car from franchised dealer comes without spare key
Unfortunately as you bought a "used" car not new then the vehicle like any other used item is "sold as seen" and it is the buyer's responsibility to ensure things like spare keys etc are included in the purchase at the negotiation stage. Remember the old adage-Caveat Emptor(buyer beware) and you won't go far wrong!
ps I have several years experience in the motor trade!!!
Re: "New" car from franchised dealer comes without spare key
...also on the above subject-it is not actually a legal requirement to supply a vehicle with a spare tyre nor is this checked or tested on the MOT. It is down to the individual if they wish to carry a spare!
Re: "New" car from franchised dealer comes without spare key
Originally Posted by trickytree69
Unfortunately as you bought a "used" car not new then the vehicle like any other used item is "sold as seen" and it is the buyer's responsibility to ensure things like spare keys etc are included in the purchase at the negotiation stage. Remember the old adage-Caveat Emptor(buyer beware) and you won't go far wrong!
ps I have several years experience in the motor trade!!!
Actually "sold as seen" is not a legal term for traders to use, and "Caveat emptor" really only relates to private sales, as consumers have statutory rights when buying from a trader.
However, that said, I really don't think that the OP can pursue this particular case as there hasn't been a misrepresentation of the sale; the car isn't actually faulty, it's not misdescribed since no comment was made about the spare key and it is fit for its purpose (to be driven) since there is actually a key provided.
Think it would be far too tricky to prove otherwise.
Please note I'm not insured in this capacity, so if you need to, do get official legal advice.
Re: "New" car from franchised dealer comes without spare key
OK guys thanks for the views, appreciate it
I am still going to hassle them for the key, but guess if they dont they dont!
7 years in retail customer service
Expertise in letting and rental law for 6 years
By trade - I'm an IT engineer working in the housing sector.
Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.
Re: "New" car from franchised dealer comes without spare key
You have nothing to lose by asking them if they will provide a spare key. BMW stopped providing spare keys with their new motorcycles in 2005, all they give now is one key and a plastic emergency key. I wrote to them and enquired about this and asked if they would provide me with a proper spare, which they subsequently did.
Re: "New" car from franchised dealer comes without spare key
I have been in the motor vehicle trade for 6 years and personally know that new or used cars sold from a proffesional dealer should have a spare now if the previuos owners have lost the keys so be it but you will eventually need a spare key and if you go to the dealership and complain to managment explain to them you need it if they dont comply advise them you are going to write to the car manufacter company itself telling them they sold you a car 2 years old with no spare key and you require one and feel it neccesarry for warranty reasons. Im sure they will soon give you a key.
Re: "New" car from franchised dealer comes without spare key
Hi tricky, you will actually find that is unlawful to describe as vehicle as sold as seen and that trading standards would come down on you like a ton of bricks. I also have many years in the motor trade.
Originally Posted by trickytree69
Unfortunately as you bought a "used" car not new then the vehicle like any other used item is "sold as seen" and it is the buyer's responsibility to ensure things like spare keys etc are included in the purchase at the negotiation stage. Remember the old adage-Caveat Emptor(buyer beware) and you won't go far wrong!
ps I have several years experience in the motor trade!!!
Re: "New" car from franchised dealer comes without spare key
Regarding the spare key, I would persue them vigorously for it. I purchased a 3 year old Toyota Avensis from a used car dealership (not Toyota dealer) and after I queried the spare key he admitted that it really should have one and offered to pay half of the cost of a replacement. Thank god he did, the spare key cost a whopping £160 from Toyota! However, Toyota did say that had I lost the original key I would have been looking at a bill of well over £1000 for replacement of the entire vehicle security system!!!
If they won't give you the total cost I would certainly chase them for some sort of discount towards the cost as a goodwill gesture. A few words with staff spoken in a fairly high voice about the lack of the spare key and how much it's going to cost may provide the remedy you are seeking. :P
"New" car from franchised dealer comes without spare key
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Re: "New" car from franchised dealer comes without spare key
Originally Posted by trickytree69
