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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44380
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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A vehicle I have recently bought has an issue with the

Customer Question

A vehicle I have recently bought has an issue with the drivers seat, it will not pull forward to allow access to the rear seats (its a 3 door vehicle). I bought the car on finance and its 6 years old. I want to reject the car or have it fixed but the dealer claims the seat worked fine when it left him. I notified the dealer just 6 days after I bought the car, I have contacted my finance and they claim they cant do anything? As far as I was aware they would legally have to fix or I could reject under the sales of goods act? Also having bought through finance I thought I was covered further?
Submitted: 4 months ago.
Category: Law
Expert:  Ben Jones replied 4 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 4 months ago.

Did you buy the car new or second hand? Also how long ago did you buy the car?

Customer: replied 4 months ago.
Second hand from a dealership. Bought the car on 25th May, told the dealer about issues on 31st May. Spoke with finance company on the same day.
Expert:  Ben Jones replied 4 months ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not responded to this message as it will just push your questions to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 4 months ago.

Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query.

When a person buys a second-hand vehicle from a dealer they will have certain rights under consumer laws.

Your rights state that when you buy an item from a business seller it must be of satisfactory quality, fit for purpose and match its description. If the car does not satisfy any of these, the dealer will be responsible. These are rights under the Consumer Rights Act, which replaced the Sale of Goods Act.

They 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. The age and value of the vehicle will also be relevant and the expectations of older vehicles will certainly be lower.

If the vehicle does not meet the above requirements, the buyer can reject the vehicle and return it requesting a refund. However, this will need to be done within the first month after purchase, which you did, so no issues there. You cannot force them to take it back and refund you but you can certainly request that and remind them of their obligations. Also not that technically the seller here is the finance company, not the dealer so your rights are against the finance company.

If the buyer is too late to reject the vehicle, or they do not want to return it, they could instead request that it is repaired or replaced without causing them significant inconvenience. The seller 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 of the money back.

If the seller refuses to resolve this issue or accept any liability, you could take legal action against them. However, before going down that route you should try and resolve the issue directly with them by sending them a formal letter specifying how you want this matter resolved and giving them 7 days to respond. Advise them that if they fail to get back to you 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.

This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow should the matter remain unresolved, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

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