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Old 25.01.2016, 20:39
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Higher tax due to the wrong info from a car dealer

Hello people,

I'm new to Switzerland and would like to ask you help about the trouble with my car dealer.

I bought a new car at the end of 2015. Few days ago, I found the information given by the dealer was wrong and have to pay approximately 450CHF more tax par year than expected. Before buying the car, I had a question about the specification of the car in the shown in the advertisement so asked a confirmation to a sales person by email. He attached the official specification that was the wrong product code
This time, he admitted that it had been their mistake but didn't mention any further.

I would like to have your answers

• Should I ask some compensation to the car dealer? If yes, how much will be appropriate, do you think?
• Do you think this could be legally possible?
• Do you know any of disadvantage by downgrading to EURO5 from EURO6?

Here is the detail of mistakes.

• Energy efficiency: initially communicated as "A" but actually "C."
• Emission level: originally "EURO6" but actually "EURO5."
• Fuel consumption: 4.3l/100km -> 4.8l/100km

Thank you so much for your help in advance.
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Old 25.01.2016, 20:42
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Re: Higher tax due to the wrong info from a car dealer

You should have asked the questions before paying for the car. Chances of getting compensation for this = zero
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Old 25.01.2016, 20:48
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Re: Higher tax due to the wrong info from a car dealer

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You should have asked the questions before paying for the car. Chances of getting compensation for this = zero
Ouch, thanks Wallabies.
Even, I asked the specs and they sent the wrong info BEFORE buying a car?
I think even unintentionally, but they gave totally wrong spec...

BTW, sorry for double post. Looking for the way to delete previous one.
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Old 26.01.2016, 11:58
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Re: Higher tax due to the wrong info from a car dealer

Should you ask? Sure, why not? Although the asking would probably need to be more like demanding. If you feel you were mislead then you might have a sound legal case. The car is not as described.
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Old 26.01.2016, 12:04
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Re: Higher tax due to the wrong info from a car dealer

Which car did you buy?
Which specification did they send you?
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Old 26.01.2016, 12:14
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Re: Higher tax due to the wrong info from a car dealer

Take it as a lesson learned. The responsibility is on you to check what tax you have to pay, all the information is readily available on the road traffic office websites for your canton. You should also remember that it's not just the size of the engine that's a factor in determining what you will pay, but also the fully loaded weight of the car. So you may have a small engine but be able to carry a big load (e.g. Citroen Berlingo) which would mean an unexpectedly higher tax bill.
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Old 26.01.2016, 12:17
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Re: Higher tax due to the wrong info from a car dealer

If the car has been registered in the incorrect category, you need to visit the canton Vaud department of motor vehicles, and get the situation corrected,

http://www.vd.ch/themes/mobilite/aut...es-techniques/
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Old 26.01.2016, 12:23
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Re: Higher tax due to the wrong info from a car dealer

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Take it as a lesson learned. The responsibility is on you to check what tax you have to pay, all the information is readily available on the road traffic office websites for your canton. You should also remember that it's not just the size of the engine that's a factor in determining what you will pay, but also the fully loaded weight of the car. So you may have a small engine but be able to carry a big load (e.g. Citroen Berlingo) which would mean an unexpectedly higher tax bill.
While the calculation basis in Zurich is a combination of engine size and weight, like many things in CH, it is canton specific. E.g. In Schwyz it is a power to weight ratio based calculation. It appears that in Vaud it is CO2 emissions or efficiency related.
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Old 26.01.2016, 12:37
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Re: Higher tax due to the wrong info from a car dealer

To be clear on the order of things here - is this correct:

* You saw an advert for a car

* You asked for more details from the dealer, they provided you with this by email

* You bought the car

* You then found out it wasn't as they specified in the email

?

If so I would have thought you have a good case to take it back for a refund - they can't sell you what they claim is model A and actually give you model B, that's basic mis-selling.

It's not as if it's a private sale with caveat emptor etc, you have a reasonable right to expect a dealer is selling you what they say they are.
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Old 26.01.2016, 12:51
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Re: Higher tax due to the wrong info from a car dealer

We need more details on the car and the whole process.

I am wondering whether there was confusion between asking for "that car" IE I want to order a car like the car on display and asking for "THAT car" IE that exact car.

If a car is being facelifted it wouldn't surprise me that a dealer had a pre-facelift car on display with post-facelift details. With people usually ordering new car. If the OP specifically wanted the display model there is a possibility of confusion.

Until we have more details it is hard to know.
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Old 26.01.2016, 13:01
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Re: Higher tax due to the wrong info from a car dealer

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If so I would have thought you have a good case to take it back for a refund - they can't sell you what they claim is model A and actually give you model B, that's basic mis-selling.
I'm not sure you can say a different spec engine constitutes a different model, enough to demand a refund?



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We need more details on the car and the whole process.

I am wondering whether there was confusion between asking for "that car" IE I want to order a car like the car on display and asking for "THAT car" IE that exact car.

If a car is being facelifted it wouldn't surprise me that a dealer had a pre-facelift car on display with post-facelift details. With people usually ordering new car. If the OP specifically wanted the display model there is a possibility of confusion.

Until we have more details it is hard to know.

Quite so DK, not enough info'.

When we ordered our new car, by the time it would be built and delivered it was the new facelifted model, more powerful engine, 8 sp gearbox rather than 7 and a few other things . They had the 'current model' spec details and prices, and it was still possible to buy the model, but with the delivery we wanted it would be the new spec, but we were told about that in advance and given the option.
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Old 28.01.2016, 16:21
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Re: Higher tax due to the wrong info from a car dealer

Thank you, all for many comments!
and sorry I missed to check yesterday.

• The brand is BMW.
• They mixed up the product code in their side. I bought the car that is new but they had it in inventory. It was about the timing to facelift. The one I bought is before facelift and a dealer gave me the data of after the facelift.
• So initially I was noticed that CO2 is 113g/km but actually it was 126g/km. In canton Vaud, you can get 75% discount if it is less than 120g/km.
• newtoswitz kindly showed the correct communication order with the dealer. Yes, I saw the advertisement, visited the dealer and liked it, then I asked a salesperson about the specification by email, and he sent the official BMW specification paper which is wrong one.
• Before buying a car, I double check with Canton's database. But they told me the wrong car product code so I reached wrong information.

Yesterday I visited the legal service office and they advised me to send the registered letter to send it to the dealer, requesting to get refund or have compensation. I like my car so probably ask the compensation to fulfill the gap of the tax for coming years.

I will update the result when I receive the reply from them!


Thank you!
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Old 28.01.2016, 16:38
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Re: Higher tax due to the wrong info from a car dealer

How much cheaper was the car they had in stock over ordering a brand new one?
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Old 28.01.2016, 16:51
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Re: Higher tax due to the wrong info from a car dealer

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•... I bought the car that is new but they had it in inventory. It was about the timing to facelift. The one I bought is before facelift and a dealer gave me the data of after the facelift.

Yesterday I visited the legal service office and they advised me to send the registered letter to send it to the dealer, requesting to get refund or have compensation. I like my car so probably ask the compensation to fulfill the gap of the tax for coming years.
So in point 1 you had the option for the older higher emission model, or the face lifted lower emission model. You knew enough to know there were 2 different cars with differing data and most likely prices, and you picked the probably cheaper older version as they were trying to clear stock of the older model, with a discount involved... but now want the tax incentive of the facelift (more expensive... probably) model?

This sounds a little like having your cake and eating it, wanting the lower price tag of the older car but the cheaper taxes of the newer....have you talked with the garage before going to a lawyer.
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Last edited by Papa Goose; 28.01.2016 at 18:42.
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Old 28.01.2016, 18:01
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Re: Higher tax due to the wrong info from a car dealer

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So in point 1 you had the option for the older higher emission model, or the face lifted lower emission model. You new enough to know there were 2 different models with differing data and prices, and you picked the probably cheaper as they were trying to clear stock of the older model with probably a discount involved... but now want the tax incentive of the facelift (more expensive... probably) model?

This sounds a little like having your cake and eating it, have you talked with the garage before going to a lawyer.

It's like seeing a cake in the window of a bakers, wanting to buy it and asking if it's gluten free. The answer is yes so you buy it only to find out that it isn't. The cakes in the oven are gluten free but the one in the window isn't.
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Old 28.01.2016, 18:07
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Re: Higher tax due to the wrong info from a car dealer

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It's like seeing a cake in the window of a bakers, wanting to buy it and asking if it's gluten free. The answer is yes so you buy it only to find out that it isn't. The cakes in the oven are gluten free but the one in the window isn't.
I point you back to my original comment on "that" car and "THAT" car - which in the case of a facelifted model is exactly what happned.

"I'm interest in a 320xd saloon could you send me details" is different to "I want to buy the 320xd saloon you have in stock, could you send me the details"
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Old 28.01.2016, 18:13
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Re: Higher tax due to the wrong info from a car dealer

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I point you back to my original comment on "that" car and "THAT" car - which in the case of a facelifted model is exactly what happned.

"I'm interest in a 320xd saloon could you send me details" is different to "I want to buy the 320xd saloon you have in stock, could you send me the details"
Yes your'e right. That's the part of the story I'm not too sure of.
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Old 28.01.2016, 18:41
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Re: Higher tax due to the wrong info from a car dealer

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While the calculation basis in Zurich is a combination of engine size and weight, like many things in CH, it is canton specific. E.g. In Schwyz it is a power to weight ratio based calculation. It appears that in Vaud it is CO2 emissions or efficiency related.
I didn't know that! So can I get a tax cut by putting a slab of concrete in the boot?
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Old 28.01.2016, 18:43
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Re: Higher tax due to the wrong info from a car dealer

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I didn't know that! So can I get a tax cut by putting a slab of concrete in the boot?
No.... just your wallet T
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Old 28.01.2016, 18:50
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Re: Higher tax due to the wrong info from a car dealer

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No.... just your wallet T
It got much lighter since I bought the Porsche...
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