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Two weeks ago I purchased a car from a licensed car dealer and when asked if the vehicle was fitted with an alarm, the sales person said yes.

When we got the vehicle home we found there was no alarm and also noticed a significant scratch on the side door. I phoned the dealer and spoke to the sales person concerned and was told they were not liable for the scratch and there was no recall of telling me the car had a alarm.

Can I do anything about this?

Tasha

From the "Ask Jack" archives - 14 December 2009

Under the Consumer Guarantees Act a vehicle must be 'as described' and if the vehicle was advertised to you as having a feature it does not have, you have the right to return the vehicle or ask in this case for an alarm to be fitted.

However, unless you have some evidence of the salesman saying it has an alarm, or it is documented as such anywhere on the paper work or window card, you may not be successful should you take the issue to a disputes tribunal.

The scratch probably falls under buyer beware, you as the purchaser have some responsibility to ensure the vehicle is in a condition you deem acceptable.

Unless you believe the scratch was not there when you sighted and agreed to purchase the vehicle.

A pre purchase inspection which includes a check for panel damage would have helped you sort this out if this was the case and checked for an alarm.