We were sold the wrong, less powerful model of BMW 520D - can we insist on a replacement? | Ask Honest John

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We were sold the wrong, less powerful model of BMW 520D - can we insist on a replacement?

I bought a 2008-registered BMW 520D from a showroom and asked if it had the 177bhp engine fitted from September 2007. The sales manager confirmed that it did, but now we have owned it for three months we have found out that it is a 2007 model with 163bhp. We have been in touch with him, and at first he said he would replace it. Now, after repeatedly calling him, he has told us that when a part-exchange comes in we can have that, but our argument is when, and if it's the right car for us. We paid £19,300 for a 2008 177bhp 520d. What can we do?

Asked on 6 December 2010 by AM, Stoke

Answered by Honest John

If you can prove that you asked if the car had the newer engine you have a legal case because the older car is not only less powerful but it is also higher emission, and that affects the tax you have to pay on it. The fact that the car was a 2007 on a 2008 plate alone does not give you a case. You only have a case if you can prove you asked if it was the 177bhp and the salesman said yes. More advice from: asklucy@honestjohn.co.uk

Tags: model changes legal advice diesels specification

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