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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70217
Experience:  Over 5 years in practice
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Hi, I have just bought a car... Mercedes 220CDI YEAR:

Customer Question

Hi,

I have just bought a car...

Mercedes 220CDI
YEAR: 2010
Cost: £11000 (£8500 cash + £3500 px)
Purchased: 12/02/2014

With a couple of days I firstly had an engine management light come on, apparently this was an issue due to the car being stood on the forecourt for a couple of days.

The day after, the car has gone into trickle mode, which means that there is another issue.

My question is: Can I return the car and ask for my cash back?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

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

When did you buy please?
Customer: replied 3 years ago.


Hi Jo

As per my question, I purchased on the 12th Feb 2014

Rog
Expert:  Jo C. replied 3 years ago.
Do you know what the second issue is yet?
Customer: replied 3 years ago.


Not at the moment, I am taking back to the garage tomorrow
Expert:  Jo C. replied 3 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.

This is a purchase of less than a week ago so I think they would struggle to argue that you accepted it. There are cases that allowed for much longer periods of time but generally they involved fairly catastrophic failings with the vehicle.

The fault was, in any event, 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.

Ultimately if they refuse though, they cannot be forced to provide you with an exchange. All you can sue for is damages in default.

Hope this helps. Please let me know if you need more information.
Jo C. and other Law Specialists are ready to help you
Expert:  Jo C. replied 3 years ago.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/