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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70295
Experience:  Over 5 years in practice
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bought a second hand car from a dealer paid £2659 on sat 27th

Customer Question

bought a second hand car from a dealer paid £2659 on sat 27th july 2013, one week later on sat 3rd august after only on trip out the car broke down on the motoway losing all power and oil coming out of the engine i had to be towed. the dealer offered to get the car fixed but i dont want the car now as i have lost confidence in said car.. can i return car with full refund..?
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

Did you get a warranty with the car?
Customer: replied 4 years ago.

yes i got 3 months warranty

Expert:  Jo C. replied 4 years ago.
Thanks.

I do completely see why you are aggrieved over this but ultimately we are all hampered by the law to some degree.

This is a purchase to which the Sale of Goods Act applies. That will mean under S14 SGA it must be ‘fit for purpose’. That does not mean perfect but it does mean reasonably good with reference to the price you paid for it, its age and history. This is a fairly recent purchase and it wasn’t an insignificant price. Clearly it is faulty and they seem to accept that by offering a repair so that should be no difficulty.

You do have to reject anything you purchase under the SGA which has a fault if you have not already ‘accepted’ it. What it means to ‘accept’ an item depends on the nature of the purchase, the price of the item, the length of time you’ve had it.

It is possible that a Court could say you have accepted this vehicle given that you’ve had it for a week or so before it was returned. There are cases that allowed for much longer periods of time but generally they involved fairly catastrophic failings with the vehicle. You are describing significant failings but case law does suggest that cars need to be pretty much falling apart before a rejection is appropriate.

The fault was, however, discovered within the first six months of sale so there is a presumption in your favour that it existed at the time of sale.

You do have a right to demand either a repair or a like for like exchange. The dealer can only refuse one or the other if he can show that the remedy is impossible or disproportionate. He is probably relying on the latter.

However, under the SGA, if he fails to act within a reasonable time or causes you unreasonable inconvenience, you are entitled to ask for rescission of the contract and a full refund or a price reduction.

Hope this helps. Please let me know if you need more information.
Customer: replied 4 years ago.

thankyou for your advice, i will contact the dealer and go from there.

Expert:  Jo C. replied 4 years ago.
No problem.

All the best.

Please remember to rate my answer.

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