Mis-Sold Car – What To Do

If you’ve been mis-sold a car by a dealer, it means the dealer has misrepresented the vehicle to you, or you have been misled into believing the car is one thing when it is not, or the seller concealed something about the vehicle which if you had known about it would have stopped you from buying it.

Mis-selling claims are different to breach of contract claims or consumer rights claims in that they are focussed more about the behaviour of the car seller rather than the car, product, or service itself.

It could be that the false representation or misleading action involves a defect or fault with the vehicle or service, which may also give rise to a breach of contract claim, but often it involves defective title (who is it who actually owns the vehicle), undisclosed finance, or some other hidden history or characteristic.

For many people, being mis-sold a car by a car dealer, or being misled by a tradesperson, feels like a confidence trick or con. We tend to associate it with deceit, deception, cheating, lying and fraud; and with good reason, as it boils down to the car dealer making extra profit but at your cost.

Car mis-selling comes in different forms.

It can be as straightforward as a misrepresentation, where the dealer represents the vehicle has a full-service history when it hasn’t.

But this article is focussed on misleading actions and the supply of not only false information but also information in which the individual parts or statements are technically true, but the way they are presented creates a false impression so as to mislead you.

Dieselgate

The VW emissions scandal involving ‘defeat’ software and ‘dieselgate’, which has extended to include allegations involving defeat software in Nissan, Mercedes Benz, BMW, Jaguar Land Rover etc are examples of this.

The DPF scandal is another, which has links to emissions, in that the DPF is part of the mechanism for reducing harmful emissions, which is controlled by the manufacturer installed software.

It is well reported that Jaguar Land Rover, Discover and Range Rover models fitted with the 2.0L ingenium diesel engine are affected by incomplete DPF regeneration, oil dilution and premature engine failure. But they are not alone; Toyota, Citroen and Renault are amongst vehicles and vans which are alleged to be unsuitable for short, stop start and urban use, which is likely to get worse with the implantation of 20mph speed limits.

Dealerships, manufacturers, and finance companies have tried to mitigate mis-selling claims with disclaimers, but in many cases this is trying to shut the stable door after the horse has bolted.

Replacement engine

The premature engine failure of Range Rover and Discovery vehicles, Nissans, Kia, Ford and VW due to various inherent issues linked to DPF regeneration, EGR cooler, timing chain, tensioner, oil starvation and big end bearing failure, often result in engine replacement.

While this solves the symptom, it doesn’t address the cause, and leaves the vehicle with a mileage reading and service history which doesn’t relate to the engine. This significantly impacts the value and saleability of the car.

Failing to disclose or giving the false impression the vehicle engine is original is misleading and will likely give rise to civil liability in negligence, fraud or breach of consumer protection (as amended) Act. This could entitle you to a refund or damages (compensation).

Remap – ECU modified

Understandably if the vehicle has been tampered with, and the EGR or DPF removed, the ECU or electronic control unit will have to be modified as well, to “delete” these parts from its memory. If this isn’t done, the vehicle dashboard lights will be on all the time and the vehicle will not perform as it should.

This does not justify it. On the contrary, to remove the DPF is wrong, as is remapping the ECU without informing you.

Similarly, if a vehicle has been remapped to improve its performance, this must be disclosed to you before you buy it.

If you have not been informed of these modifications, you have likely been mis-sold the car.

If you believe you have been mis-sold a vehicle, speak to Stormcatcher Law, the automotive law experts.