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Nick The Greek

Where Do I Legally Stand On This?

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The garage who is selling me the lexus went to Lexus plymouth today to pick up an up-to-date disc for the satnav system. (The current one does not work, one of the conditions of the sale was that he gets the satnav system working, he spoke to lexus on this and they said it's probably just the disc needs replacing). He's just rung me and informed me that they tried a new disc in the satnav system, but it still wasnt working. They have no diagnostics system they can plug in, so it's basically repair or replace.

I put down deposit on the car at the beginning of the week. I've told him that I want the sat-nav system working when I come to collect it. So he's agreed to get an auto-electrician to look at it.

He offered me a price reduction, although we didnt discuss figures, and I really want it with the satnav system working.

What i want to know is:

Does he have a legal right to refund me my deposit and decide not to sell me the car?

Do I have a legal right to that car, at the price we agreed? Or can he back out because he doesnt want to pay the cost of repair/replace?

Basically, I want that car, at that price, with a working satnav system. I dont care if he has to install a complete new unit, thats not my problem.

Any legally aware people on this site??

If i did decide to accept a reduction in price, how much is fair?

The car i'm about to buy (if the satnav works) is a 99 se, 55k on the clock for 10500.

thanks

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I would imagine even without the legal nitty-gritty that if the dealer wants to continue his reputable name etc. it is his obligation to get that sat-nav system working. My understanding is that you had an agreement: The car at £10.5k with a working sat nav system. If he can't fix the system (and he should try bloody hard, even if it has to go to Lexus) then I would expect you are well within your rights to reject the deal and ask for your deposit back.

You agreed the deal first (although you may not have anything written down) so you should expect a satisfactory outcome as discussed.

Unless I'm way out of my depth here, I'd advise you to stand your ground on this one, and get the car exactly as you want it, or reject it with full refund. Keep us posted!

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If i did decide to accept a reduction in price, how much is fair?

That is a difficult one as a new sat nav unit from Lexus is around £2000 although under half that if you can find a second hand one. A repair may only cost a £100 or so up to the replacement cost, or a CD cleaning disc may fix it for under £10.

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In England (but not Scotland) he can give you back your deposit and decide not to sell you the car.

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i'm gonna stand my ground on this one. I've looked on autotrader and I can get other is200's with satnav, low mileage for around the same price, and cheaper.

i'll see what he comes up with, lets hope the autoelectrician knows his stuff!

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Nick if it goes to lexus plymouth to be fixed and you speak to them ask for david or Chris and say that rob fraser refered you and im sure that you will get great service from them, they are very helpful and go that extra mile to ensure that you are happy - trust me! :winky:

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well as far as im aware in england a deposit is refundable unless stated otherwise if (customer or buyer) backs out the "gentlemans agreement as such !

However it is Illegal for him to sell you the car with the sat nav not workind as he advertised it as "with sat nav " so he either has to fully repair the system or discount from the price the amount required to sort the problem, if you go to citizens advice bureau they will tell more in detail but i think it falls under false advertising etc which the trader doesnt want to be known for .

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Totally agree with Lexy 200. The Sat Nav system is not an after market product. The car was advertised as "With Sat Nav" which attracted you therefore if the Nav is not working then he has to either get it fixed even if it means going to Lexus, give you a full refund or a discount to the value of the repair/replacement cost.

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In this case, you have full rights to your deposit and to cancel any agreement as what you are paying for, isn't what you are getting. Basic rights.

In addition, the dealer also has the right to cancel the deal AT ANY STAGE - he doesn't have to sell you anything he doesnt want to, regardless of deposit. Read the small print of any agreement. You'll find words to that effect.

In this case however it is in his interests to have it fixed, otherwise he'll never get it sold.

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