WA Kia Dealership Sold the Wrong Car - Where Do I Stand?

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KKat

Member
1 December 2016
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I just bought a car 5 days ago and found out it was not the one we were told it was and believed the salesperson said it was to me.

I am afraid I have a problem with finding the right car for myself as I have quite a few health injuries and the car I buy must have the right seat for me to sit in otherwise my spine cuts off my nerves and I can't drive. Because of this problem, I had tried every vehicle seat out there in the last 2 weeks and had finally nailed it down to three different cars, this one being the best.

I did say to the salesperson when he first spoke to me which vehicle I wanted that it was the middle model of the range as it was all the money we had on the budget. He told me he had to go and get the one he thought would be good for me.

I had seen another car that took my eye so he said we could test drive that while waiting for him to get the other car. When we got back, some other people had just finished test driving the car and I was told they were interested in it. I was a little bit upset someone else got the car before me but I asked if the salesperson could find out what was going on. He came back and said I could take it for a test drive and we would have to wait and see what the other people were going to do still.

My son came with me when I went to test drive it. I liked the vehicle on sight, it was very neat and clean. I really liked the way it handled and drove. The seat felt the same as the one I had tried before. I did say to my son a few times that I thought the mid model had more extras but was a little unsure as I had seen a lot of vehicles in the last 2 weeks.

I know that I told the salesperson that we definitely didn't want the base model and he understood.
After we had waited quite a while, the salesperson came and told us we could buy the car as the other people were not getting it.

When we were sitting, getting ready to sign the papers I did think it should have more in it and was the salesperson sure it was the mid model. I was continually told it was an SL model whenever I kept asking questions as to why it didn't have certain features. I thought it should have.

Every time I asked a question about it, he told me that it was the middle model, that the Top Model had all those features and that the Si model was the base model and had less features. He looked out the window at the vehicle which was just below us and said that it was definitely the SL Mid Model as it had rear sensors and the city base model didn't have them.

He kept saying it was the Mid Model and not the Si. It was because of that feature he said it was in fact the SL mid model no the Si. So after asking a lot of times and his reassuring me it was the middle model, I finally signed the papers.

Even though, I had signed the papers and drove it home something was still niggling at me. I looked on the net and found that the mid model had in fact more features on it as I had thought and asked. I was starting to feel a bit uneasy as the salesperson told me the vehicle I bought was the SL the Middle Model.

I had to take the vehicle back to get things done to it as agreed to in the contract. When I was at the car yard, I enquired about how much a new model would cost as I was dreaming and curious as to how much my car was worth now I had bought it. I am always curious as to how much money a car looses once you buy it.

The sales person knew I wasn't totally happy as I had told him and felt it was missing something but he reassured all was ok. I believed him still.

Then that night I went over the registration papers with a fine tooth comb for the first time and saw the little si put in among the wording of the model, it just made me feel so upset when I saw it. They didn't even have it put in the registration papers properly. It should read Si. I felt as though it was being hidden. I would most probably not picked it up in a hurry.

I went to see the salesperson last night to ask him what model my car was. I said. "You know how my car is the Middle Model?" and he answered. "Yes it is". I then told him that it in fact wasn't the middle model. He kept telling me "It is the middle model because it has rear sensors on it and the base model doesn't have any. He repeated this fact to me at least four times. When I went to discuss it more with him he said he couldn't talk now as he had 3 clients to see and would we sit down, which I politely did.

Finally, he came back and sat down, then we started to discuss it. He again said it was definitely the Mid Model because it had rear sensors. I said they were put in it. The salesperson then started to change his story. He said that he thought it was the mid model because of that feature. I told him he should have known because I had asked him so many times before we bought it and that he reassured me it was the mid model.

He then started to tell me it was all my fault as I should have known what model it was because I had seen it before. All I could say to that was I wasn't a Kia salesperson nor knew what every feature Kia had in it. I asked him why he didn't get up and check on it when I kept asking him all my questions and he just said because it had the rear sensors it was a mid model. Things then became quite heated and during this time he admitted that he had made a mistake!

I asked him to repeat that and he said "Ok, I made a mistake. I don't want to keep saying that."

After he admitted he had, he then tried to make it all my fault because I should have known when I drove it, I should have known before I signed for it. I again said that was why I kept asking him the questions about it and he just kept saying it had rear sensors and because of that it was the mid model. I said to him, "Why shouldn't I believe what you were telling me?"

All I could say was that I believed what he was telling me because he was the salesperson. I said he should at least know what the Kia Cars had in them as it was a Kia Dealership. To that, he said how was he to know everything, how many vehicles they sell there he can't know everything that's in them. I said that he should at least know his own vehicles.

Then ensued another heated conversation and finally I was taken to the manager.

We didn't gain much from him. He did say a few times that he didn't believe what I was saying. I did say that I could get proof but he wasn't interested. He told me he lost a lot of money on the deal, he did a 100 point check on the car - which he does on wvery car ( the manager even came up to me when I was looking at it and offered to get all marks and dents off it if I bought it today..)

He even accused me of knowingly buying the car as the base Si Model and then not being happy with it after all so come back and complain. In all of the talking, I never once say that I didn't like the car. I said that I didn't buy the car as a Si base model. I bought the SL Mid Model as I kept being told.

He then told me that he talked the people who wanted it before me out of buying the car and to buy another car! None of that was my fault. These are the games that car sales people play. In the end, I got nowhere and left very distressed.

The car was dropped off today after supposedly having everything that was written on the contract done. I am sorry to say that not everything was done. I really don't want to have to deal with these people again. There is still a wheel alignment and balance to be done, the rear sensor alarm to be fixed, the bonnet scratch and chips to be removed properly and the detailing to be done properly as there are still marks on the boot roof to be taken out.

So you can now imagine how upset and confused I am. I don't know where I stand or what to do. I am hoping that you may be able to help me with Australian Consumer Law.

Thank you very much.