I think you're buggered mate and you will have to try and appeal to the conscience of the vendor. Worst case - sell it on and take a hit. Buy another suitable for your needs and put it down to experience. You'll absorb the loss after a while at least in your mind rather than in your pocket. For what it's worth - I bought a ute once got it home and the mrs said where's the tow bar - I hadn't even looked - duh! Bit easier for me to rectify though.
Good luck with it.
Cheers,
D
If I'm buying a car to tow.. I'd be checking the capacity, seeing what it tows like. If I was buying a tractor to go down a 3m Vineyard row, I'd be checking that its no wider than 2m... If I were buying a truck to carry 14 pallets, I'd be measuring the bed to see that 14 pallets fit... So, if I was buying a car for the wife, specifically to carry the 3 kids to school, I would certainly be checking that it has 3 seats in the back...Quote:
Originally Posted by northiam
A dealer can only answer your questions, and tell you about the vehicle to the best of his knowledge/requirements. As Tombie mentioned, I'd also be buying something solid with a fair amount of protection around it. Sorry to say, but the dealer is not at fault here.
Thanks
I spoke to fairtrading , theres laws about selling something that is not "fit of purpose"
Fit_for_purpose_guarantee
Returned to the dealer he accepted it was a miscommunication and exchanged for a Ford Fiesta WS + $1000
Again, no other hatchback sold in Oz is a 4 seater.
If one out of almost 20 cars in that category is a passenger seat short surely that should be pointed out.
Yes I do know that a Hummer H1 is a 4 seater and a Porsche 911 is too.
The hatchback was purchased for primarily the Mrs get to work car, rarely will it have 3 children in the back as 1 walks the others may be dropped off it the D2 (which as a lower ncap rating btw) or the newly bought hatchback with one kid in front. Also we needed the 5 seater for backup when the Landie is no go?
The wife wanted a small car, she likes small cars!
Maybe when the greenies start forcing our 4WD's off the road and petrol thru environmental taxation is $5 / litre, more will choose to drive smaller cars and the risk from collision with larger cars inc Landrovers won't be an issue.
There is always something bigger on the road that renders your vehicles protection rating useless.
Some parents at our local primary drop their kids off on motor cycles! (No collision protection there) My own parents only had a motorcycle with sidecar until I was 5yo!
I love my children and refuse to feel bad about what vehicle I can afford to ferry them to school in.
Well thats a pretty good outcome for you then when faced with the other options...
And you dont have to justify your feelings at all... As stated many times on this forum - my comments are opinion, not fact, and I'm sure you have done your assessment of what suits you, your family and your needs/wants/budget etc...
Life experiences also have a bigger influence on what each of us sees / feels / thinks...
And you can chalk this one up to a learning experience with regards to vehicle shopping... :D
If you're happy, if your wife is happy, and you got the outcome you were hoping for... Then that is all that matters...
well done. I'm glad for you that you got it resolved.
cheers,
D
Even though there was a miscommunication and the dealer helped you, they weren't really under any obligation. "Fit for purpose" can be ambiguous, it's a car, it is designed to get you from point A to point B. For that purpose it is fit. It was obviously roadworthy. If you didn't tell the dealer you had 3 kids and needed a 5 seater, they are not mind readers. You got the desired outcome though, even if you ended up $1000 lighter.
Such a pity they're not a 5 seater!! ;)Quote:
Originally Posted by northiam
Fair do's to the dealer. That's a great outcome for you. Glad its all sorted. Same here too.. As Tombie said, just our opinions.
Great result, enjoy the new wheels! :)
Good outcome, however I think if it came to a fight your fit for purpose clause could not be applied as he has to have misled you and you would have had to clearly indicate you wanted a 5 seater. Fit for purpose would only be what you have requested of the dealer. The ad clearly stated 4 seater.
Having said that there are several dealers here in WA that offer a 7 day return policy for exchange if you are not completely happy with it for any reason.