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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70200
Experience:  Over 5 years in practice
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I have just part exchanged a car yesterday and it has minor

Resolved Question:

I have just part exchanged a car yesterday and it has minor faults am I legally entitled to ask for my money 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.

What are the faults please?

Did you agree a cooling off period?
Customer: replied 3 years ago.
No cooling down period was mentioned there is a fault on drivers door mirror and they said it had all been checked out how do I stand about getting my part exchange reversed plus £1,000
Expert:  Jo C. replied 3 years ago.
Ok. That is a problem.

Do you dispute that the fault is put right?
Customer: replied 3 years ago.
They said they would collect the car and put it right but I am not happy with the car am not happy with the car
Customer: replied 3 years ago.
Should have taken it for a test drive
Expert:  Jo C. replied 3 years ago.

Thanks for the information and the time.

I am sorry but I cannot give you good news then. I’m afraid you are in difficulty here.

In legal theory, I'm afraid you will struggle with this. In principle, you do still retain the right to reject this vehicle as the purchase is very recent and you could argue its not been accepted. However, this is a minor fault and they are offering to put it right. The SGA is all about reasonableness and its not reasonable to reject a secondhand car for a fault of this nature I'm afraid. There is case law that says a car has to be pretty much falling apart before an outright rejection is appropriate.

In practice though, they might well accept it back. What would happen if they actually went to court is that you would lose but they probably don't much fancy going to court and wasting their manpower upon the matter.

They only have to give you the value of this car back though. They do not have to return your other vehicle but unless its been sold they may well do so.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo
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