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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47418
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Is anyone able to advise my chances of sucess for reccinding

Customer Question

Is anyone able to advise my chances of sucess for reccinding a contract re 2nd hand car purchase please?
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today.

Ben Jones :

Please explain your situation in a bit more detail

JACUSTOMER-9nc5vfgq- :

Sorry website not working on PC so using phone.

JACUSTOMER-9nc5vfgq- :

Bought car on 22 July this year 58plate. 8'000 pounds. After 4-5 weeks i had become aware that car was pulling to left. Had car locally inspected and advised that car had been involved in accident and could be cause of problem.

JACUSTOMER-9nc5vfgq- :

Took car bsck and left with guy for 3 weeks. On collecting he advised that bumper was now securily fixed but the pulling was not a fault but simply a characteristic of car.

JACUSTOMER-9nc5vfgq- :

Not sayisfied i paid mazda to carry out inspection and they have found long list of faults. I have sent list to srller and said i am recinding contract ad car is not ad described.

JACUSTOMER-9nc5vfgq- :

So far no joy!

Ben Jones :

was it bought from a dealer?

JACUSTOMER-9nc5vfgq- :

Yes called plus 200 club supposedly experts in high performsnce cars. Not regustered company as far as i can tell.

JACUSTOMER-9nc5vfgq- :

I can send report of faults via emsil?

Ben Jones :

It's ok thank you I can advise anyway. When a person buys a second-hand vehicle from a dealer they will have certain rights under consumer law, specifically the Consumer Protection from Unfair Trading Regulations 2008 (“CPR”) and the Sale of Goods Act 1979 (“SGA”).

Under the CPR, the following business practices are deemed unfair:

  • Giving false information about the vehicle or deceiving the buyer through false advertising
  • Giving insufficient information to the buyer, for example leaving out important information about the condition of the car
  • Failing to act in good faith

Failure to adhere to the CPR rules will be unlawful and may even amount to a criminal offence.

In addition, the buyer will have certain rights under the SGA which states that a vehicle must be of satisfactory quality, fit for purpose and match its description.

The dealer will only be liable for faults that were present at the time the vehicle was sold, even if they become apparent later on. However, they will not be liable for fair wear and tear, misuse or accidental damage or any issues that were brought to the buyer’s attention before the sale. In addition, if the buyer had inspected the vehicle before purchasing it and should have noticed any obvious faults with it, the dealer will not be liable.

If the vehicle does not meet the above requirements, the buyer can reject the vehicle and return it to the dealer requesting a refund. However, this will need to be done within a ‘reasonable time’, which is usually 3-4 weeks after purchase.

If the buyer is too late to reject the vehicle, as in this case, they could instead request that it is repaired or replaced without causing significant inconvenience. The dealer may only reject a repair or replacement if it is impossible or disproportionate in the circumstances. If that happens, you are entitled to get it repaired elsewhere and claim back the repair costs, although there is an obvious risk in doing so as there is no guarantee in getting any money back.

If the dealer refuses to resolve this issue, you can technically take legal action against them. However, before going down that route you should try and resolve the issue directly with the dealer by sending them a letter specifying how you want this matter resolved and giving them 14 days to respond. Advise them that if they fail to respond or deal with this in a satisfactory manner, you will have no other option but to report them to Trading Standards and issue legal proceedings to seek compensation.

Ben Jones :

I hope this has answered your query. Please take a second to leave a positive rating, or if you are unhappy for some reason with the advice - please get back to me and I will assist further as best as I can. Thank you very much