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UK-Justice
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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I have bought a car from a local dealer three days ago and

Customer Question

I have bought a car from a local dealer three days ago and there are quality issues with it but overall I would like to cancel the purchase. Can I do that?
Submitted: 3 years ago.
Category: Law
Expert:  UK-Justice replied 3 years ago.
Thanks for your question, I will do whatever I can to help you. Please remember to rate my answer SMILEY FACE OR ABOVE.

Was it new or used?

How old was it how many miles how much did you pay?

What is wrong with it?
Customer: replied 3 years ago.

It was a used car, the issues wrong with it are minor - is there a sale of goods act that allows me to return something if I dont like it?


 

Expert:  UK-Justice replied 3 years ago.
How much did you pay, how many miles and how old?
Customer: replied 3 years ago.

£4000 plus part exchange - the mileage is 60,000

Expert:  UK-Justice replied 3 years ago.
In sort detail what are the minor problems?
Customer: replied 3 years ago.

Wiper not working, seat cannot be adjusted - minor issues. However the central question even if there were no problems can I cancel the sale just because I am unsatisfied with the car?

Expert:  UK-Justice replied 3 years ago.
The answer is no.

The car must be materially defective. By that I mean not driveable.

The issues you mention are very minor and although covered under the sale of goods you would only be entitled to a repair.

Given the nature of the defects then you would not have a right to reject the car because they are so minor.

You would only be entitled to a repair.

I am sorry if this is not the answer you are after but based on what you have said, this is the legal position .




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Customer: replied 3 years ago.

The situation has developed. I took the car that I bought to another dealer to be used as part exchange. The second dealer had the car tested and stated that because of emmission failing the car cannot be purchased and should not have been sold in that state. The second dealer used an independent garage for the test. Can I use the condition of the car to reject the sale and ask for my money back. If he offers to remedy the fault I will have to wait until that has been done and will then need to test the car again before I can sell it.

Expert:  UK-Justice replied 3 years ago.
That is interested.

You may therefore have a claim for breach of contract.

You would be entitled to sue but for the cost of repair.

If this is below £5000 it would be a small claim and you could do this yourself.

You could do this online at: www.moneyclaim.gov.uk - you would have to pay a fee but this would be added to the claim.

You would be surprised how quick matters are resolved once proceedings are issued.

I hope this resolves it!



Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 3 years ago.

So although the car is unfit to be sold. You are saying that my only recourse is to claim the cost of repair? Can't I reject the sale and ask for my money to be returned on the basis that the car was seriously defective to the point that is has proven to be unsaleable?


 

Expert:  UK-Justice replied 3 years ago.
But the repair would make it fit to drive.

If the cost of repair to make it fit is less than the value of the amount you paid, that is what you can do.

If the cost is higher then you can reject the car.

That is what I am saying.

I hope that clarifies.




Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Expert:  UK-Justice replied 3 years ago.
I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice
Expert:  UK-Justice replied 3 years ago.
I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice

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