Sales Contract Issue - Help!

[sasha]

Thanks to everyone who replied to my previous post.

Now I am in a quandry...

I put down a £500 deposit today on my 1999 W208 CLK320.

In discussion with the dealer, they clearly stated that they guarantee the mileage (29,000 miles). In addition the MB service history stacks up against this.

However, the dealer sent me a copy of the Sales Contract today and where the mileage is stated there is a disclaimer

"THE MILEAGE READING HAS NOT BEEN CONFIRMED AND THEREFORE SHOULD BE CONSIDERED AS INCORRECT."

I challenged this and reminded the dealer what was discussed and the dealer said this was a "legality" and they are happy to write a letter fully guaranteeing the mileage.

My logical mind says, "if you guarantee the mileage, then why have the disclaimer?"

My legal mind says, "if the mileage proves incorrect then my only recourse is via the letter and not the Contract". I suspect the letter will not include the purchase price of the vehicle and therefore useless????

Help! Is this some weird thing that is accepted in the sale of a vehicle and I should not worry about it, as I am covered under The Sale Of Goods Act etc etc or is the dealer trying it on?

Is there actually any way that a mileage can be confirmed 100% correct? Maybe through the car computer?

The level of wear and tear on the vehicle (low) is consistent with the 29,000 miles.

Worried

Sashaaaa

 

[andy_k]

if they are happy to guarantee the mileage then get it written into the contract - simple as that - if they can't verify it then find out why. if it vcan't be verified they can't guarantee it.

Don't sign until you are 100% happy with the contract

Andy

 

[Kinky]

Also contact the VMC.

The previous owner will have been sent a form confirming the mileage to them.

I would assume that information is [technically] public domain, and not restricted by any data protection laws, as you are not requesting personal data.

Regarding the specific issue - yes it is a technicality and is a requirement.

The mile can be backed up by the dealer (assuming it's got all main dealer stamps).

You could also contact the owner directly and ask them. Also find out why the sold it (might be an interesting issue).

K

 

[sasha]

Rang the dealership (Tooting MB) this morning, who serviced the car over the course of it's history and they confirmed the service intervals and the mileages when the car was brought in.

The service guy I spoke to made a strong (albeit verbal) comment validating the mileage and suggested that I was OK with the car I'm buying. He also said that it was common practice for used car dealers to have the disclaimer.

Apparently I am protected under consumer rights laws but the dealer puts the disclaimer in so that if it is found to be a bogus mileage they're protected against being taken to court for the actual clocking (whether they did it or not) - but they are liable to me for the value of the vehicle and merchantable quality with regard to the mileage etc.

He also stated that it was impossible to tamper with the mileage on this car without swapping out the whole intrument console and then you have to download the information out of the old console. Personally I think he went over himself a little as nothing is foolproof I guess.

However the long and short of it is that I am reasonably satisfied and will purchase the car, I will try and get the disclaimer taken out of the sales contract (but don't hold out much hope!)

Roll on Weds!!!

Sashaaaa