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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Took delivery of a dealer pre-registered new car yesterday.

Resolved Question:

Took delivery of a dealer pre-registered new car yesterday. Car has 78 miles on the clock. Car is superb as per test drive, however the I'm having a real issue with the seat in terms of finding a comfortable driving position. Spent considerable time on it today to no avail. Seat is just not comfortable. This issue did not arise on a 35 minute test drive.
Will clearly go back to the dealer, however given I bought the car on finance through the dealer, I think it might be more difficult to reject the car if the dealer can't find a quick solution?
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,
You are well within your right to reject the car under the Sale of Goods Act 1979 ( as amended) as the car must be of satisfactory quality and you are not satisfied with the seat which is a fundamental issue.
However, I would not expect you to have any problems returning the car back as you only took delivery yesterday and the car is brand new more or less.
The fact that you took finance should not be a problem as that can be cancelled under cooling off periods.
I would suggest that you speak to the dealer ASAP and return and the car and cancel the finance tomorrow if possible.
Hope this helps
Customer: replied 3 years ago.

Thanks for the quick response. However to reject the car under the Sale of Goods Act, does the car not need to be faulty? The seat is as per the manufacturers design, however I simply cannot get comfortable in it?

Expert:  UKSolicitorJA replied 3 years ago.
The car has to be of satisfactory quality and fit for purpose and you may argue that the seat of the car does not meet this criteria as far as you are concerned.

Hope this clarifies.

Customer: replied 3 years ago.

I've notified the dealer both by telephone and email that I want to reject the car under the sale of good act due to the seating not being suitable.

He's asked for time to work through options re the finance agreement. He's concerned given the car had some options fitted which he included at £0 cost as part of the deal. My part-exchange has also now been passed on to a third party!

I have also notified the finance copy by telephone and followed up with an email confirmation.

Finance company advised that the agreement can be terminated, however the balance is still due and that I'll need to recover this from the dealer when I return the car.

So what am I liable for here assuming the dealer takes the car back (does he have any other choice)? Finance company were talking about interest on the balance and the dealer will no doubt want some £'s for the options. Legally what do I have to pay for / contribute to?

Thanks

Expert:  UKSolicitorJA replied 3 years ago.
You may be asked to pay for optional extras if you asked for these and the cost of these cannot be recovered by the dealer, you may also be asked to pay for the time you had the car.

Finance costs will be nothing as such other than payment for the days you had the car.

Hope this clarifies



Customer: replied 3 years ago.

Understood. So my earlier unanswered question was whether the dealer has to take the car back?

In terms of the options, surely they would be included in whatever price the dealer prices the car for the next sale, clearly he won't get full face value so this is just down to what I can negotiate?

Thanks

Expert:  UKSolicitorJA replied 3 years ago.
Yes, he has to take the car back, and yes, it would depend on what you can negotiate with the dealer.
All the best.
Customer: replied 3 years ago.

Thanks, ***** *****

Dealer has just rejected taking the car back and has positioned that they see the sale as final.

Guess I'll need to appoint a solicitor and take it from there!

Expert:  UKSolicitorJA replied 3 years ago.
Looks like it. He will argue that the car is not faulty and is of satisfactory quality and the onus will be on him to prove this.Good luck whatever way it goes. Please leave feedback
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