Beware of new cars… amputated

The feeling of sitting in your new car and getting out of the dealership to start your first ride is quite exhilarating. Until we realize that options for which we have spent thousands of dollars are missing.

This is exactly what a Volkswagen customer experienced. Since she wishes to maintain good relations with her dealer, with whom she is bound by contract, I will call her Isabelle.

After taking possession of her new Taos, Isabelle discovered while driving that safety systems such as “power front brakes with autonomous emergency braking” and “blind spot detection with traffic warning” were missing. Yet she had paid over $5,000 to ride in the Comfortline version of this model, which includes these options among others.

Isabelle contacts her seller. “He told me the systems were supposed to be there, but they ran out of parts. And I’m not the only one this happens to. If I had been adjusted the price, at least…”

By dint of claiming compensation, the dealer ended up telling him that a discount of a few hundred dollars had already been granted to him. But this adjustment is not written into the contract and Isabelle has no memory of a verbal warning about the possibility of paying in the butter for options that she considers very important since they concern safety.

His efforts with Volkswagen Canada were hardly more fruitful.

The manufacturer confirmed to him that shortages of parts are forcing him to “temporarily modify the structure of the supply of certain models” and that his website contains a warning to this effect. “Supply chain disruptions may result in changes in the availability of standard or optional equipment. the [prix de détail] will be adjusted if specific equipment is not included,” it read.

However, “a simple warning on a website is not enough,” says Charles Tanguay, spokesperson for the Office de la protection du consommateur (OPC). Lawyer Jacques Castonguay, automotive industry specialist at ML Avocats, agrees. “There is no obligation when you buy to go and see the website! »

When a dealer sells a vehicle that does not correspond to its original description, for whatever reason, he is committing violations of the Consumer Protection Act, recalls Charles Tanguay. Article 219 prohibits misrepresentation, while the obligation of conformity of the goods falls under articles 40 and 41. Consequently, “the consumer could request a reduction in the price or the cancellation of the sale” by means of a formal notice.

M^e Castonguay suggests taking legal action against both the dealer and the builder “so that they don’t pass the buck”.

Isabelle intends to fight for financial compensation since she needs her car. She could also ask the court to award her punitive damages, says the OPC representative.

To calculate the value of the missing options, it is possible to call the Automobile Protection Association (APA) and the CAA.

Shortages of semiconductors and other parts are also troubling other automakers.

Audi has reduced the number of standard features on its cars, motor1.com reported^⁠. “You might not like it, but it’s currently the only way for an automaker to keep deliveries flowing,” the author said.

According to this specialized publication, vehicles with options removed are identified by “a sticker” and come with “a cash credit depending on the number of features removed”. It can be the blind spot monitor, the rear collision detection system, the adaptive cruise control, the lane keeping assist or the wireless charging pad.

“Your new BMW might not have a touch screen”, had also titled the site edmunds.com^⁠ at the end of 2021. In early July, GM said it had 95,000 vehicles built without certain components in stock.

To avoid frustration and possible small claims litigation, ask the dealer about options that may be missing and compensation offered, demand written responses, and be aware of your rights.