Audi dealership mis led me about availability of a car. Mis sold new car a8

[jason9874]

Hello

 

Thank you for looking at this post.

 

NOTE: only 121 audi a8 edition 21 are made for the UK. AvailbLe to order from July 2015. I am a chauffeur and wanted the a8 edition 21 because of my own personal liking to this model

 

In the last week of August 2015 I decided that I want to purchase a new A8 LWB Edition 21. I was dealing with wimbledon audi. I have enquired about the a8 edition 21.

 

I was told that the a8 edition 21 LWB was not available to order and also they could not configure the car on the audi website which meant audi does not make it in LWB verson (a a8 edition 21 SWB was available on the website). I have said serveral times if the a8 edition 21 model was available to order. I was told no and the salesman have confirmed it with a manager.

 

So I decided on a8 LWB which was in stock. Which I decided to buy because based on the salesman telling me the edition 21 LWB was not available and audi did not make it.

 

5 months down the line I visited the west london audi and couldn't believe my eyes and saw an a8 LWB edition 21. I enquired to the sales team and asked when the edition 21 LWB was available to order and they confirmed it was July 2015.

 

My question is that based on the salesman at Wimbledon audi telling me that the edition 21 is not available in the LWB and audi did not make it in the LWB version which made me to buy the normal a8 lwb .Have I been missold the vehicle I have purchased?

[BankFodder]

It wouldn't be called – mis-selling. It would be called misrepresentation.

 

A contractual misrepresentation is an untrue statement which causes you to enter into a contract.

 

If you have evidence that these incorrect statements were made to you then you may be able to consider some kind of action.

 

I think we would have to discuss what your actual losses were. You probably need to explain why it was important to you to have the addition 21 rather than the model which you bought

[BazzaS]

Hello

 

Thank you for looking at this post.

 

NOTE: only 121 audi a8 edition 21 are made for the UK. AvailbLe to order from July 2015. I am a chauffeur and wanted the a8 edition 21 because of my own personal liking to this model

 

In the last week of August 2015 I decided that I want to purchase a new A8 LWB Edition 21. I was dealing with wimbledon audi. I have enquired about the a8 edition 21.

 

I was told that the a8 edition 21 LWB was not available to order and also they could not configure the car on the audi website which meant audi does not make it in LWB verson (a a8 edition 21 SWB was available on the website). I have said serveral times if the a8 edition 21 model was available to order. I was told no and the salesman have confirmed it with a manager.

 

So I decided on a8 LWB which was in stock. Which I decided to buy because based on the salesman telling me the edition 21 LWB was not available and audi did not make it.

 

5 months down the line I visited the west london audi and couldn't believe my eyes and saw an a8 LWB edition 21. I enquired to the sales team and asked when the edition 21 LWB was available to order and they confirmed it was July 2015.

 

My question is that based on the salesman at Wimbledon audi telling me that the edition 21 is not available in the LWB and audi did not make it in the LWB version which made me to buy the normal a8 lwb .Have I been missold the vehicle I have purchased?

 

Potentially, but you have accepted the car you bought and used it for 5 months ..... making it unlikely that you can void the initial contract.

 

So, what are your actual losses?. You might have a case to reclaim your actual losses (factoring in that you may have paid less for the normal a8 lwb than for an equivalent edition 21 a8 LWB).

[jason9874]

Potentially, but you have accepted the car you bought and used it for 5 months ..... making it unlikely that you can void the initial contract.

 

So, what are your actual losses?. You might have a case to reclaim your actual losses (factoring in that you may have paid less for the normal a8 lwb than for an equivalent edition 21 a8 LWB).

 

Thank you bank fodder and BAZZAS for you reply.

 

Yes know looking into the difference of mis sold and mis representation. I have bee involved in mis representation.

 

The contract was in use for the past 5 months by me still believing that the edition 21 LWB was not available. Only now it's been revealed that it was available to order at that time and if I have been given this option I would have chosen to buy the edition 21.

 

As I am already in the 5 months of the contract. If this goes to court the judge can award damages which in my case would be not even worth talking about. Or void the contract and put me in the position before I signed the contract. The judge can't award both but what's best for the claimant.

 

My basis on me being involved in mis representation sale are the following.

 

After confirming a8 edition 21 is not available.

 

I decided to buy a a8 sports Lwb

 

- was told interior was black

- on the day of viewing the iterator was light grey not black and audi offered to put a protection in the interior to protect from "all stains".

-my leather and carpet got stained from dye transfer. Dye is not covered by the protection. Was never told what's not protected.if I knew it doesn't cover against dye I would have never purchase it and I have clients with jeans every day.

 

-received an email of the specification of the exterior. Had sports bumper which the previous a8 sports didn't have. (I don't know what the a8 sports bumpers look like at that time).

-I found out this week after enquiring to audi what the sports bumpers are and have been told that they are the same ones as the edition 21. When I seen the car for the first time I taught the bumpers were the sports as I have never seen it before. So I went with it. Now realising that the bumpers I have aren't the sport bumpers just the plain a8 bumpers.

 

-I was told that the a8 edition 21 lwb was not available from audi only the short wheel base was based on that the sales didn't have the option to configure the car in audi configuration site. I made him confirm this many times and he confirmed it after speaking to the manager. There were 2 prices which I was told the following the edition 21 SWB £73k and the other price of £76k was the editor 21 v8 swb

- other audi dealerships confirmed that the edition 21 a8 lwb was available to order from July 2015. And stated in the audi news.

 

I have found 2 audi dealerships who still have the a8 edition 21 lwb in stock. I still want the a8 edition 21 as it is still available.

 

What do you think chaps

 

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Edited March 23, 2016 by jason9874

[BazzaS]

Thank you bank fodder and BAZZAS for you reply.

 

Yes know looking into the difference of mis sold and mis representation. I have bee involved in mis representation.

 

The contract was in use for the past 5 months by me still believing that the edition 21 LWB was not available. Only now it's been revealed that it was available to order at that time and if I have been given this option I would have chosen to buy the edition 21.

 

As I am already in the 5 months of the contract. If this goes to court the judge can award damages which in my case would be not even worth talking about. Or void the contract and put me in the position before I signed the contract. The judge can't award both but what's best for the claimant.

 

My basis on me being involved in mis representation sale are the following.

 

After confirming a8 edition 21 is not available.

 

I decided to buy a a8 sports Lwb

 

- was told interior was black

- on the day of viewing the iterator was light grey not black and audi offered to put a protection in the interior to protect from "all stains".

-my leather and carpet got stained from dye transfer. Dye is not covered by the protection. Was never told what's not protected.if I knew it doesn't cover against dye I would have never purchase it and I have clients with jeans every day.

 

-received an email of the specification of the exterior. Had sports bumper which the previous a8 sports didn't have. (I don't know what the a8 sports bumpers look like at that time).

-I found out this week after enquiring to audi what the sports bumpers are and have been told that they are the same ones as the edition 21. When I seen the car for the first time I taught the bumpers were the sports as I have never seen it before. So I went with it. Now realising that the bumpers I have aren't the sport bumpers just the plain a8 bumpers.

 

-I was told that the a8 edition 21 lwb was not available from audi only the short wheel base was based on that the sales didn't have the option to configure the car in audi configuration site. I made him confirm this many times and he confirmed it after speaking to the manager. There were 2 prices which I was told the following the edition 21 SWB £73k and the other price of £76k was the editor 21 v8 swb

- other audi dealerships confirmed that the edition 21 a8 lwb was available to order from July 2015. And stated in the audi news.

 

I have found 2 audi dealerships who still have the a8 edition 21 lwb in stock. I still want the a8 edition 21 as it is still available.

 

What do you think chaps

 

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Sadly, I still have to ask the same question as before: what are your losses?

 

I think you may be able to claim for your losses. I doubt you will have the contract voided from the start (rescission), given the 5 months use of the car you have had, (and, that as a result, you can't give that car back in brand new condition due to the 5 months use).