Car dealer sold me different model. What I can do to escalate?

Bought a used Mitsubishi ASX from a car dealer 3 years ago and that car was listed as MY14. Last week when I tried to sell it, the buyer did all his checks and showed me documents that this is actually a MY13 car. I tried to talk with the dealership multiple times to understand why this happened(without any expectation of financial compensation) but they are not responding at all.

Now, I want to ensure that their negligence is treated accordingly and want to escalate this matter. Looking for recommendation from ozbargain community about this matter.

closed Comments

                              • @AndrewCh:

                                you think what happened is fair

                                Did I ever say that? No, I said that a) The current dealership staff won't do a thing about it, and b) to go to lawyers, if it's worth the $300-$500 difference in resale today.

                                The basic gist of every comment I've made is "fighting this is for principles only, and OP has more time/stress/effort to lose than the $500 is worth."

                                Though I know you love to put words in other peoples' mouths, in a lousy attempt to further your argument.

                                • @spackbace: Well the summary of your comments would be
                                  - There is virtually no difference between the models and they are virtually identical; hence OP got what they paid for
                                  - It is OPs fault for not noticing the glaringly obvious differences between the models, and hence it is their fault and they got what they paid for
                                  - Discouraging them from taking any further action, citing the huge hassle and expense of court costs, for some reason forgetting the convenient and free options for mediation from consumer groups

                                  Forgive me for making the assumption of which side you are on

                                  • @AndrewCh:

                                    Discouraging them from taking any further action, citing the huge hassle and expense of court costs, for some reason forgetting the convenient and free options for mediation from consumer groups

                                    There's still time off work, stress involved of forming arguments, the homework needed to find the purchase price difference of the initial purchase. Even with legal aid, you'd still need to give them some form of a case to pursue.

                                    There is virtually no difference between the models and they are virtually identical; hence OP got what they paid for

                                    Just about. Initial comment reflected that, then I seem to be the only person who's done some research on the difference between in specs.

                                    It is OPs fault for not noticing the glaringly obvious differences between the models, and hence it is their fault and they got what they paid for

                                    Pretty much yep.


                                    After all is said and done, all I've heard from your side as a recommendation is to get the lawyers involved. Yes?

                                    Damages which could be sought are still arbitrary, because no one here knows how much OP paid for the car, and what the market value for a MY14 was at the time. Who knows, OP may have got a hell of a bargain on the car compared to 2013 plated cars (of any month).

                                    Too many holes to prove or assume anything as an outside observer.

                                    • @spackbace:

                                      all I've heard from your side as a recommendation is to get the lawyers involved. Yes?

                                      Nope, I don't believe I mentioned lawyers at all.
                                      Fairtrading or equivalent for OPs location. I'm pretty sure there is a consumer group in every state

                                      Fwiw I don't think the OP should take this to court. I'm just hoping it would be resolved by the dealer well before then

  • +2

    Try your luck with a different buyer.

  • We bought a MY18 Rav4, but dealership registered as 2019, so that's what shows up on Vicroads rego check.

    From what I understand it rarely matters at least in my case I don't sell every few years. Our old rustbucket also had same 'issue' I just create a Sell listing for it's Actual info on the build n comp plates

  • My dad got a Triton last month saw plate on car was 2018 yell screamed jump up down nocked another $2000 off it. never see more (profanity) dealer about it.

  • Dude it’s been 3 years.. You didn’t do your due diligence & more importantly you didn’t even notice.. and now after 3 years you want to escalate? lol.

    • Yes its absolutely halarious

    • -1

      Why does 3 years matter?
      If I sold you a counterfeit product and you didn't notice until trying to sell it on 3 years later, did that mean you are at fault somehow and I am in the clear?

      • +1

        3 years makes it sounds like a complete joke & even worse makes OP look stupid. Not sure if counterfeit products are much of a comparison in this case - OP did get a real car.. Its not like they sold him a rebadged car or etc all OP had to do is look at the little plate on the side of the doors or pay 20 dollars for a car history report. If he can’t be bothered doing that then he might need to rethink buying used cars in the future.

        Anyway maybe the particular sales person made a honest mistake too? This is just OP trying to get some easy money but in the end just ends up looking & sounding foolish..

        • OP did get a real car.

          A counterfeit bag is also still a "real" bag.

          Bottom line is OP did not get what they paid for. My assumption is that it was just an honest mistake on the dealer side, but I feel that compensation is due for the difference in value between the models at the time of sale

          • @AndrewCh: No a counterfeit bag is a fake bag. OP still got a Mitsubishi ASX or whatever.. Its a real Mitsubishi that is just a year older nothing fake about it.

            Bottom line is OP needs to do more due diligence if he is buying a used car.. & stop blaming others for their mistake.

            • @chubbychicken: So I'm just countering the arguments floating around of "well OP drove the car, and was happy with it, hence everything is fine".

              Using the counterfeit bag analogy, it's still bag, it still holds things, it still has the prestigious logo. You still get the feeling of owning a nice bag, you may not even notice for 3 years.
              Where you will notice is when you go to sell it and suddenly buyers won't pay what you expect, because it's not as advertised.
              Which is where we appear to be with the OP, they were happy with the car, but now when going to sell it realise that it is worth less than the item they agreed to buy.

              All I'm saying is that a fair remedy to this is for the store to refund the initial difference in price/value whether it be $5, $500, or $5000 (and yes, this will be hard to determine).

              Disclaimer: I am not saying the store sold the OP a counterfeit car, I'm not saying the severity of what happened is the same in my analogy, I clearly understand that selling a counterfeit item is much much worse than what happened to the OP. I'm not advocating for a full refund of the purchase price of the car. I'm not advocating for the murder of the dealership staff

  • Popcorn sale skyrocketing?

  • +1

    There would be virtually no difference in price on the 2nd hand market for a MY13 or MY14 ASX.

    The condition and KM of the car would be a bigger determining factor on the price than the MY year. The buyer is simply trying to negotiate a better price. Its an interesting life lesson but hardly worth your time and effort in trying to seek compensation.

  • The MY as mentioned before is the Model Year of the vehicle. It is the item that the car/vehicle manufacturer uses to indicate what level of equipment and what colours are available on the vehicle, as standard and which factory options are available. It is less relevant to the Japanese and Korean manufacturers, as they tend to keep their equipment levels consistent over a longer time, but the Europeans live for this…

    So the product planners for the OEM, sit in their offices, in this case in Adelaide, and take on analysis to look at what the ASX has on it, and how much they can sell it for. They then get advice from the factory on what equipment is available and prepare the case for the 2013MY ASX carrying out comparisons with their segment competitors. Factory either agrees or disagrees, and the process continues until completed. At that point the new MY specs are locked in, and the factory will prepare to make the new MY vehicles. In parallel the OEM will start to create the materials to release initially to the dealer network and leasing industry. Then ultimately to the press and then the public. Some OEMs will not release any info until the cars are actually landed in AUS so that they can check the true equipment on the vehicle vs. what was ordered.. Others will announce the new MY at the same time the factory starts to make them, even though you will not be able to have one delivered for 3-6 months, the Dealer will happily take your money and order.

    So yes the MY does matter from a residual value point of view. In this example it is bigger wheels. Several years back, it would be the difference between Autonomous Emergency Brakes being standard or not. Person selling the car will always push the compliance date, as it is the newest figure. Person valuing the car as trade in or used purchase will always look at the build date, as it is the oldest figure…

    All in all. It comes down to buying the car with the equipment that you want, in a condition you can live with at a price that you are happy with.

    • i thought mine would have Birds Eye 360 degree Camera, shall i get refundd

  • +3

    Send an email stating you will take this matter to consumer affairs and the Motor Traders Association if you don't receive an adequate explanation and compensation within 7 days.

    After that I'd just write an honest 1 star Google review if they don't respond in time.

    But that email will make the jump.

    • Not really, I've recently had to issue a new car dealer with one of those emails and they just said go ahead take it to Fair Trading. The MTA will do jack shit, they're the industry's association so will try and back the dealer. And to be honest Fair Trading are fairly lame with what they can do. Most douchebags know FT can't really do much and will need to go to NCAT (in NSW) for something binding (which can be appealed anyway).

      • Suit yourself. You obviously don't understand your rights. I'm involved in the industry.

        The only issue here is that the customer was misled on a sale from several years ago.

        If the sale was a few weeks ago, the customer would probably be able to get himself a refund on the car or at least $1-2k without any trouble (depending on the sale price of the car).

    • That email isn’t going to make them jump. At best they’ll offer you a complimentary car wash or other useless gift but likely ignored. Then they’ll come back at you with ‘why so long, it obviously hasn’t bothered you’.

  • Can't get blood out of a stone. Nothing to do now but move on.

    You have learnt a life lesson, when buying something of high value (car, house, etc), the onus is on the buyer.

    Next time don't be lazy and trust a (used) car salesman. You're just asking for trouble.

  • i bought a honda jazz end of 2018, and asked for the 19' one. The invoice says 2019. But i have noticed my insurance renewal, and rego says 2018. The car does look like the 2019. i wonder if i will have issues trying to sell it next year.

    • Rego goes by the build date. MY goes by the VIN.

      If you bought a Jazz at the end of 2018 and specified you wanted a 2019"MY", then what you got was a 2019MY, 2018 built.

      The 10th letter of the VIN will be a J, K or an L.

      J = '18
      K = '19
      L = '20

      Advertise it as whatever the VIN says it is. If they say anything about the build/compliance plate, tell the buyer to eat a bag of (fropanity) and show them the VIN and point to the 10th digit. If it is a K, it's a 2019"MY"

      If it's a "J", then you need to pull out your contract of sale and give the dealership a quick call on Monday…

    • +2

      Perhaps come back when you are trying to sell it and a buyer tries to stuff you and tell us your story.

      • Then we have to put up with more of the usual armchair picketers, as shown in this post

        • Can’t wait.

  • +3

    Typical dodgy dealers. I once went looking at a Honda Accord euro, was listed online at like my10, when I got there had a my08 sticker, something seemed wrong so I searched rego and it was like my04 (years aren't exaxt as I can't remember but it was about that range of difference).

    I told the dealer this and his response was "oh the new guy must have made a mistake putting up the signs". Kept on trying to push me into buying a car like 5 years older than I wanted…
    Reported it on carsales but no idea if anything ever happened. Feel so sorry for anyone else that may have been ripped off by that guy :/

    The external body was quite similar between the different years of the euro. I had only just started looking so didn't recognise pre/post facelift

  • MYL0L

  • +2

    I would be really annoyed at the dealer too. Best thing I would do is to name and shame the dealer with my friends and family.

  • Car dealers are dodgy. Not the first time. But what can you do? How to buy a car if not from dealer?

    • You can buy directly from a private seller.
      I used to think buying from a dealer would offer more protection, but judging by the comments on here, now I'm not so sure

  • +4

    Its a used mitsubishi asx, literally bottom of the barrel. i dont think your buying demographic cares about the MY build plate.

  • +5

    I'd probably just take the loss as a punishment for willingly buying a Mitsubishi ASX.

    • +1

      Apart from the Captiva is there a sadder car on the market than the ASX?

      • In that segment of the market, no, probably not.

  • Even if you took the car back a week later after buying it then you may be lucky and get something out of the dealer like a free service. But 3 years later?

    Realistically what do you want the dealer to do to rectify?

    • what do you want the dealer to do to rectify?

      "GiB Me MaH CoMpeSaTiOnZ!!1!"

      • "I wAnT mA mOnEeYz"

  • Motor vehicle sales and repairs
    An industry guide to the Australian Consumer Law
    https://www.accc.gov.au/system/files/1449_ACL%20Motor%20vehi...

    Make a consumer complaint
    https://www.accc.gov.au/consumers/complaints-problems/make-a...

  • +2

    The buyer is an ozbargainer. Just give them a discount and move on. Make someones day for once.

  • This is the problem when people purchase cars. They are overwhelmed and overexcited and don't bother checking the whole car, the documents etc… A friend of mine purchased a VW Arteon for $72k and was super excited to pick up the car. After a few weeks of using the car, he noticed the following:
    - burn marks across the body and interior plastic pieces (all fixed now). This was a mess up by the dealership using a product that had a chemical reaction with the paintwork and plastics
    - noise from fuel line between 2000-2500 from rear right door (can't be fixed)
    - interior door cards and centre console rattle while driving (they "tightened screws" but it just is what it is)
    - electronic park brake. He should've seen this but being used to physical handbrake his whole life, he absolutely hates the little button lol

    While some are just his complaints, he absolutely hates the car. He said it has an "artificial electronic feel" and literally wants to drive the car into a wall. But my point is, these should've been noticed when he test drove the car. Never rush your purchase with cars (and diamond rings lol).

  • +1

    ….and to add, the OP bought the car USED!! what are you really wanting? $200 price difference? is it worth all this trouble? Just think of all the (cheaper) insurance premiums you have been paying of the past 3 years!

    NEXT!

  • When you sign the rego.. it actually list the actual year! I know right?

  • So spackbace had actually posted this useful link much earlier in the thread that I had missed: http://beta.redbook.com.au/compare/?ids=SPOT-ITM-323270,SPOT...

    The difference in used price (according to the redbook guide) now is ~$300-400, the difference in the price when new was $1250.
    So logically a fair outcome would be compensation somewhere between those 2 numbers, presumably towards the lower end.
    Good luck OP, go get your MonEYzz$$$

    • Again, you're assuming that op paid my14 price for his my13. If he paid my13 price for an my13 car, then there'd be no need for compensation would there?

  • MY also = Marketing Year.

    It's a big thing in the US.

    To the OP, don't fell bad about it, just move on. You have a MY13, it's no big deal really in the scheme of things. If it was you would have noticed it when buying.

  • OP has not replied in 7 days and discussions have gone off topic, comments closed.