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Spike54



Member Since: 15 Feb 2013
Location: North West
Posts: 5

2012 Freelander 2 SD4 XS Auto Santorini Black
Take this further, or just enjoy new car?

So, have just bought a Freelander from a Land Rover dealer. Spent a while looking for the right car and found one on the dealer's website that ticked all the boxes and at a good price. One of the reasons for choosing this car was that it only had 25 miles on the clock. Sorted out a deal over the phone, gave my card details as deposit and arranged to view the car. Loved the car, did all the paperwork and dealer agreed to deliver as I'm 90 miles away.
However, despite loving the car there are a couple of things that have taken the gloss off a bit and left a bit of a sour taste. Firstly, I was expecting car to have around 120 miles on clock after delivery but it had nearly 400. I queried this with dealer as all paperwork said 25 miles. He apologised and said one of their staff had been using the car between car being advertised and me viewing. Perhaps I should have looked at mileage when viewing but I didn't but also, shouldn't the salesman or delivery guy have pointed out that mileage was different to paperwork? I know 400 is still very low mileage but that's not the point.
Secondly, photos on website clearly show that the car has privacy glass but this feature wasn't mentioned in dealer's description. Before agreeing the deal I queried this with the salesman and he said yes, there was privacy glass. However, on viewing the car there was no such glass; salesman apologised and said he must have been mistaken so it cost me an extra 」150 to add privacy glass. I assume that photo was not of car advertised.
The question is, should I take this further? The salesman was nice enough and did throw in a set of mats and a couple of half day Land Rover Experience thingee vouchers but I do feel a little bit let down.
Any views or suggestions would be appreciated.

Thanks

Post #171849 16th Feb 2013 10:31 am
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Andy S



Member Since: 07 Aug 2011
Location: Sevenoaks
Posts: 82

United Kingdom 

Let it go; only worry about the oily bits, everything else is cosmetic.

Post #171850 16th Feb 2013 10:35 am
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Badger1970



Member Since: 21 Sep 2012
Location: Southam, Warwickshire
Posts: 1372

United Kingdom 2013 Freelander 2 SD4 HSE Lux Auto Baltic Blue

Personally, I would ask the Dealer Principal to chuck in the first service free, as you were a tad misled, but whether he chooses to agree or not, just enjoy the car. He might think that in order to gain repeat custom it would be a good investment to throw the service in...he might not. Either way, don't let it detract from the pleasure of driving it. Foraging near Gaydon....
覧覧覧覧覧覧覧
MY13 HSE Lux SD4, Baltic Blue - current, 30,000> miles without fault
MY12 HSE 2.2 SD4, Sumatra Black - gone after 10 months/43,000 fault-free miles

Post #171852 16th Feb 2013 10:38 am
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Steve D



Member Since: 19 Jan 2013
Location: Essexshire
Posts: 4100

United Kingdom 

I woudn't worry abut the mileage but I'd argue the privacy glass issue as the car you bought clearly wasn't as advertised or described. When you say an extra 」150, was that for OE tinted glass or was it filmed? I wouldn't accept filmed glass. Past: FL2 TD4 HSE Auto
Evoque SD4 Dynamic Lux Auto
Present: Audi A3 S Line.

Post #171853 16th Feb 2013 10:38 am
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Aero_383



Member Since: 05 Sep 2012
Location: Sussex
Posts: 586

United Kingdom 2013 Freelander 2 TD4 XS Manual Ipanema Sand

Privacy glass is a 」350 option so try and get that back or get the dealer to fit it.
I doubt they will want the hassle of fitting it, but you could ask for something to that value, maybe a full size spare and painted and fitted roof spoiler if you haven't got one.
As for the mileage, I wouldn't let it take the shine off your new toy, but combined with the glass issue its a bargaining tool in your favour.
Either way enjoy your new car ! _________________
Gone - 2010 Rimini XS

Post #171855 16th Feb 2013 11:15 am
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flylr



Member Since: 03 Apr 2010
Location: Oxfordshire
Posts: 281

2013 Freelander 2 TD4 GS Auto Santorini Black

They shouldn't get away with false advertising.

Take it up with the dealer principal. (Coming) 2016 RR Evoque td4 180 HSE Dynamc
(Going) 2013 TD4 GS Auto - Santorini Black with black leather. Cold Climate, UK Lighting & Armrest Packs. Privacy Glass. LR Rubber Mats. Full size spare.
60 000 miles averaging 35mpg

(Gone) 2010 TD4 Manual GS - Stornoway Grey. Sold at 3yrs old & 64k miles. Final average consumption 39.2mpg.

Post #171858 16th Feb 2013 11:59 am
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SYFL2



Member Since: 16 Jun 2012
Location: Sheffield
Posts: 2582

2007 Freelander 2 TD4 HSE Auto Stornoway Grey

As said above my advice is to keep the car it sounds about as good as it gets but do push for a free service or something.

Post #171863 16th Feb 2013 12:18 pm
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npinks



Member Since: 28 Jun 2007
Location: Ls25
Posts: 20090

United Kingdom 

If you were expecting privacy glass, then that's what it should have on, its not feasible for the dealer to fit the tinted glass it would cost too much, but then if it was advertised as having it fitted, it doesn't mean it wasn't the film, so at a minimum they should fit it for you, if the sales made made a mistake then work something out in your favour

The mileage, if it was down as 25, then that's what it should be, or atleast there abouts, an extra 375 miles is not that excessive, but still a free tank of fuel should sort that Thumbs Up Former Mod/Member, with the most post & Chicken George Arch nemesis

Post #171874 16th Feb 2013 1:53 pm
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ccsnet



Member Since: 05 Jan 2013
Location: Lancs
Posts: 881

United Kingdom 2007 Freelander 2 TD4 HSE Manual Tambora Flame

I have to agree with NP.... if you want Privacy Glass then get it or another item of same value and I would also get some thing else on top of that ....

That said this sounds new.... I could understand if it was used but how do they get it so wrong.

T Terran



'The' Car For The Modern Day UK Roads ( ie all the pot holes )

'A Freelander that leaks oil is just marking its territory' - Wise words

Now a member of the FL2 'Silly Bill' Club

Post #171875 16th Feb 2013 2:17 pm
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Wish1



Member Since: 29 Jul 2012
Location: Kent
Posts: 83

United Kingdom 

Mileage no ..... Glass yes.

I would want the dealer to sort out aftermarket at least to be fitted FOC.

Post #171977 17th Feb 2013 11:11 am
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The Doctor



Member Since: 09 Jul 2010
Location: Gallifrey
Posts: 4615

United Kingdom 

I agree with the others to use it as a bargaining chip. Strictly speaking the cars mileage should have remained at what it was stated as when you placed the deposit (Distance Selling Regulations). They can't use it in between and then fob you off with it being used by one of their guys. The details of the car are not what you contracted for.

Secondly, they are not complying with S.13 of the Sale of Goods Act 1979, which states:

(1)Where there is a contract for the sale of goods by description, there is an implied term that the goods will correspond with the description.

(3)A sale of goods is not prevented from being a sale by description by reason only that, being exposed for sale or hire, they are selected by the buyer.

These terms cannot be excluded or restricted by any contract you have signed as per S.6 of the Unfair Contract Terms Act 1977.

My point of telling you this is that because you are so close to the purchase date, you would be entitled to reject the goods. S.48A of SOGA in simple terms, reverses the burden of proof in the first 6 months from purchase. This means the seller must prove it complied with the description rather than you proving it didn't.

The reason I recommend using it as a bargaining chip as opposed to taking legal action is that you probably don't want all the hassle and just want to enjoy the car. Land Rover would fight it all the way also. The cost of filing a claim at the small claims court is low but in the highly unlikely event that you lost, you would have costs to pay. If the value of the goods does not exceed 」5k, you never pay costs even if you lose.

It would be interesting to see their reaction though if confronted with this legal argument. Based on the info you have given me, this is a prima facie breach of the obligations imposed on Land Rover under SOGA.

Thumbs Up LL.B (Hons) - University of Derby
LOT (Lord of Time) - University of Gallifrey

Post #171985 17th Feb 2013 12:12 pm
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The Doctor



Member Since: 09 Jul 2010
Location: Gallifrey
Posts: 4615

United Kingdom 

The other thing to add is that LR would say why didn't you reject when you picked it up? By taking the car you are indicating your acceptance of it etc. LL.B (Hons) - University of Derby
LOT (Lord of Time) - University of Gallifrey

Post #171986 17th Feb 2013 12:20 pm
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tenet



Member Since: 23 Jul 2009
Location: cotswolds
Posts: 1079

United Kingdom 2015 Freelander 2 SD4 SE Auto Orkney Grey

Agree with most of the comments re getting something from the dealer over and above a couple of "Experience" vouchers. That being said you have had a lucky escape as Privacy Glass on a Black FL2 turns it into a VAN. Smile Smile MY 09 GS manual in Lago Grey, Wood Co arm rest and side bumper strips - now sold.

MY 15 SD4 SE Auto Orkney Grey with colour coded Bumper Door Mouldings

Post #171993 17th Feb 2013 12:56 pm
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Mona Geeza



Member Since: 22 May 2010
Location: Devon
Posts: 1293

England 2010 Freelander 2 TD4_e XS Manual Stornoway Grey

tenet wrote:
. That being said you have had a lucky escape as Privacy Glass on a Black FL2 turns it into a VAN. Smile Smile


Ive seen white privacy glass film so you could be ok on the van score Wink

Post #172003 17th Feb 2013 3:36 pm
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Spike54



Member Since: 15 Feb 2013
Location: North West
Posts: 5

2012 Freelander 2 SD4 XS Auto Santorini Black

Thanks everyone for the thoughts and suggestions. I put my concerns in writing to the dealer and they've come back with an offer of 」200 and a couple of Land Rover Experience vouchers which I've accepted.

Had the car a week now and love it Very Happy

Post #172566 21st Feb 2013 5:15 pm
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