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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48474
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Son purchased a second hand Nissan Nivara on the 20th June,

Resolved Question:

Son purchased a second hand Nissan Nivara on the 20th June, it broke down on the 28th July (5 weeks after purchased and 600 miles done in it). It is under a 3 month warranty with a dealership who have collected the vehicle - prior to them collecting the AA said that the timing chain had gone on it. Dealership have said that they replaced the timing chain at 60K miles and that it was a faulty part from Nissan. They have said that they will replace it all free of charge. My son wants to know - is he entitled to reject the vehicle as it was faulty and not fit for purpose, and get his money back, even though they are prepared to repair at no charge to him? Can you advise?
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.
Ben Jones :

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

When a consumer makes a purchase from a business seller, they will have certain 'statutory' rights under the Sale of Goods Act 1979 and the Sale and Supply of Goods to Consumers Regulations 2002.

The law states that the goods must be of satisfactory quality, as described and fit for purpose. If the goods are not as described, of satisfactory quality or fit for purpose, you have the following rights:

1. Reject the goods and request a refund - this is only possible if the rejection occurs within a 'reasonable time'. This period depends on the circumstances, although it is generally accepted to be within the first month after purchase, so must not be delayed.

2. Ask for a repair or replacement – if you are too late to reject the goods, you can ask the seller for a repair or replacement without causing any significant inconvenience.

So if the car was bought 5 weeks ago he may be just too late to reject it and opt for a refund and he may have to settle for a repair or replacement. As they have offered to repair the car free of charge then they are also likely to have satisfied their legal obligations at this point in time. Also he cannot force them to accept the car back, they could easily refuse to do so and then it would be for him to go to court and seek compensation for the value of the car and get a court to order its return.


Customer:

Is it reasonable to ask the dealership to provide an extended warranty period? Obviously he had a 3 month warranty on the vehicle when purchased, but as they have agreed to the repair under that warranty, he would like an extended warranty - possibly another three months on top?

Ben Jones :

you can ask but you cannot force them to offer this. also his rights above (to a repair/replacement) extend automatically anyway - a useful rule is that if the goods are returned within the first 6 months after purchase, the law assumes that they did not conform to the statutory requirements at the time of sale. If the retailer disagrees, it is for them to prove that this was not the case. However, if the goods are returned more than 6 months after purchase, it would be down to the consumer to prove that the goods did not meet the statutory requirements set out above at the time of sale.

Ben Jones :

Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer: Thanks. Big help.
Ben Jones :

you are most welcome, all the best

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