Car falsely advertised on Autotrader UK

Kalashnikov_Kid

Basically my brother bought a Passat TDi that was advertised on Autotrader UK as 130bhp, but it turns out in the logbook that it is 100bhp. He only found out after handing over the bankdraft (a bit silly I know). So the owner is refusing to budge and is putting the blame on him and on Autotrader.

Just wondering what my brothers' options are here? He is at work this afternoon so just thought I'd post this up as surely this isn't the first time something like this has happened.

He has taken the car though as he has been forking out on a hire car everyday and needs it for work. But I understand that this is a clear case of false advertisement so there must be legal consequences? And I am aware that there was responsibilty on the buyer here as well before someone points it out!

Any helpful advise would be appreciated. Thanks.

Anan1

I don't mean to depress you further, but your brother's not noticing that makes me wonder whether he even did an HPI report? Or verified the service history? If not, i'd do both of those things immediately - the bhp issue may only be the thin end of the wedge.

JHMEG

What's to say the log book is right? It's a 2nd hand private sale so there are no guarantees. AT would not be responsible for the accuracy of information submitted.

Legally his only option is a civil action as no crime has been committed. Civil action means suing the seller, but it's probably not worth it.

If he didn't notice 30 horses were missing when test driving I'd not worry about it and put it down to experience.

biko

Tricky as he's now taken ownership of the car.
If the seller is private he'll have less comeback than with a dealer.
Do the reports as suggested and see what else he can dig up.

Kalashnikov_Kid

Thanks for your help guys. I have been assured that the HPI report said it is 130bhp I think I will have to look into everything myself tonight and possibly get back to this later. My bro is disorganised at the best of times but in fairness was in a bit of a rush with work and the snow and everything to get something. He only collected it this morning.

I'll try get hold of as much info first hand as I can, have a look at the reports and get a better picture of what's been happening and take it from there. Something seems to be up anyway. Thanks again and apologies for the broken information. Take care.

EPM

130 brake is 95 KW. Logbooks often have this figure. Could it be that he is misreading it? the 100 brake is 73 KW. There will be a sticker under the carpet in the boot near the well for the spare wheel. Check what that says first.

mickdw

Schoolboy error tbh. Half of the tdi cars for sale will be adverised as 130bhp when only 105bhp.
Lesson learned I say!
If the history check is saying 130bhp, you have even less of a case against the seller.
Do check the info on the car itself (white paper sticker around the spare wheel) as this is the best way to be sure.

smash

I presume he bought the car in the UK and already has it back here. If that's the case there's nothing he can do. Different legal jurisdiction and he's already paid.

buyer beware and all that!

colm_mcm

surely it would be apparent as soon as he drove it?

If there was enough power in the car to convince him to buy it then he can't feel too short-changed.

_Kaiser_

colm_mcm wrote: »

surely it would be apparent as soon as he drove it?

To be fair, wouldn't this depend on whether he'd previously also driven a geniune 130 bhp version to compare this one against? Maybe his last car was a 1.2 Fiesta or something.

colm_mcm

I'd never buy the first example of a car I'd never driven before. I assume the OP didn't randomly go to the UK before even driving a Passat 130?

Nonoperational

If it actually is 100 bhp then he'll have to just chalk it down to experience it's still a grand engine. On the bright side it may be more fuel efficient!

colm_mcm

dunno about that, don't the 130s get a 6th gear?

EPM

colm_mcm wrote: »

dunno about that, don't the 130s get a 6th gear?

Some do and some don't

HashSlinging

Early '01 130's didn't get 6 gears, if the car is ok just get a remap!?

Theta

If he had bought it here he might have a leg to stand on.

Wasn't there a recent court case here with the outcome being whatever the car seller says to a buyer is legally binding so it doesnt have to be written down?