Mis described nearly new vehicle

[crocshop1936]

Good Morning

Apologies if in incorrect place but was hoping for some advice, i will try cut a long story short

Purchased a September 23 first registered car from Mercedes in October 2023 ( classed as used) and the vehicle spec provided by email from the dealer at the time stated that the vehicle had a particular spec (remote boot closing) included as standard. Noticed this wasn't the case and queried it with the dealer since. Have been to a few Mercedes but hadn't heard back.

Recently raised again in writing, and received a reply directly from the salesman basically saying that the reason it is not on the car was due to a chip issue that Mercedes were dealing with during covid. I responded back and said so why was i sold something that isn't on the car, the salesman manager then came back and said that this particular model does not support the feature and had nothing to do with a chip issue, it never came with it.

The manager then said that i should have known that it didn't come with the car and the spec I was sent at the time before purchase specifies it allows for inaccuracies and indeed should have picked it up at handover. I would like to add that 1, i wasn't shown that every specification on the car was functional and 2, the remote boot closing indicator is present on the key fob, so to question its functionality at the time of collection wouldn't have been necessary.

I purchased the car on finance through black horse and can see from my agreement that the dealer received commission for this sale and understand that I will have to take the matter to the finance company, who are probably totally unaware that this vehicle is not as described.

Just wanted some advice if possible on my options.

If there is anything that is missing, happy to answer but did try and make it as to the point as possible.

Thank you

[Pezza54]

Hi
Welcome to LB

There is an informative article about misrepresentation titled "Misrepresentation Lecture" which can be read at www.lawteacher.net
The dealer appears to have been guilty of negligent misrepresentation when he wrote in his email that the specification of the make and model you were considering, included remote boot closing
You would need to show that having a boot that opened and closed with a press of the button was important to you and influenced your decision to purchase the car. Some boot lids when fully open are hard to reach to close them.
If you were able to show this, you could have informed the finance company and dealer you were rescinding the contract (or claiming damages, not both)

IMO, unfortunately, by leaving this "dispute" to drag on for 18 months or so, you have affirmed the contract. You would have realised the car didn't have a remote closing boot lid soon after you took delivery.
The lecture covers affirmation and lapse of time