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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46224
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I bought a new Audi in June 2015, a few weeks after taking

Customer Question

Hello
I bought a new Audi in June 2015, a few weeks after taking delivery the car had some issues, the main was the MMI system (nav, radio, phone) would freeze and/or reboot for no reason, I managed to get some pictures and a short video as the problem is random.
I reported to this (via email) to the Audi garage I brough it from they called me and advised to take it to my local dealer, which I did in Milton Keynes.
Sadly the issue has not been resolved (its been back 5 times now, even to Audi HO UK) Due to my frustrations I said I'd like a refund.
After some insistance I had a wrriten offer (by email 1 July 2016) from the Audi MK dealership (from their Southern Opps Manager, the Audi HO contact was copied in) that Audi UK would buy back my car for £48k, i did not outright decline but did counter at £50k.
Audi UK HO are now saying this offer was not authorised by them and as such is not valid and that i actually declined it anyway.
They are now only offering the curent market rate of £30k.
With everything that has gone on in the last 12 months I've lost all faith and respect for Audi so do I have a legal position to push and insit they buyback my car for £48k?
Thnak you for your assistance
Kind regards
Andrew
Submitted: 8 months ago.
Category: Law
Expert:  Ben Jones replied 8 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. Did you buy the car on finance?

Customer: replied 8 months ago.
Hello Ben
No I paid cash.
Customer: replied 8 months ago.
ben,
are you still there?
Expert:  Ben Jones replied 8 months ago.

Yes I am

Customer: replied 8 months ago.
Did you get my reply that I paid cash for the car?
Expert:  Ben Jones replied 8 months ago.

Yes thank you, ***** ***** to get a written response ready, if you prefer to discuss this over the phone you have that option too as proposed above. Thanks

Customer: replied 8 months ago.
no, written response is fine thank you.
Expert:  Ben Jones replied 8 months ago.

As you bought the car in June 2015, the relevant pieces of legislation would still be the Sale of Goods Act 1979 and the Sale and Supply of Goods to Consumers Regulations 2002. These have now been replaced but the law applicable at the time of sale will be the one that you can rely on.

The law states that the goods must be of satisfactory quality, as described and fit for purpose. If they are not, you will have certain legal remedies against the seller. There is no protection against fair wear and tear, misuse or accidental damage, faults that were pointed out at the time of sale or if you change your mind and no longer want the goods.

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 legally you are likely to be too late to ask for a refund. They can choose to offer that option but they are unlikely to be bound by it. In terms of the offer given to you, whether you can rely on it will depend on whether a legally binding contract was formed. In the circumstances that is unfortunately unlikely. They made you an offer of £48k, you rejected that and counter-proposed £50k. This offer was never accepted by them so there would be no legally binding contract in place. In effect, there is currently an offer for £48k by you, which is open for acceptance by them but unless they go ahead and accept it, there would be no obligation on them to offer a refund for the £48k as that offer has now been rejected.

Therefore, you are either going to have to continue negotiating until you find a price you are both happy with, or proceed with the other remedies, such as getting a repair or replacement.

This is your basic legal position. I have more detailed advice for you in terms of the options you have should they refuse to consider a repair or replacement too, 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

Customer: replied 8 months ago.
Thank you Ben
they have tried to repair ir 5 times, with no success.
They made the offer of £48k so how does this now become my offer to them?
Expert:  Ben Jones replied 8 months ago.

they made the offer initially but you rejected that by countering with £50k - this is an automatic rejection of their offer and it is then replaced by your new offer of £50k, so that would be the latest offer on the table, although it appears to have been replaced now by their new offer of £30k

Customer: replied 8 months ago.
not actually saying I declined their offer but countering effectivly is the same thing.Thnaks, I'll have to go back to them and negotiate something different.
Expert:  Ben Jones replied 8 months ago.

yes that is correct, it is not required to officially say 'I decline' - case law has specifically determined that a formal counter offer cancels the original offer and replaces it with the newly proposed one. It is law that goes back over a century, it was a case of Hyde v Welch if you are interested.

http://www.e-lawresources.co.uk/Hyde-v-Wrench.php

If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46224
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 8 months ago.
Thank you for clarifying.
Please confirm that I have only been charged this one off fee of £56.
Expert:  Ben Jones replied 8 months ago.

I can't see that you have taken out a subscription but then again I do not deal with account issues. You can check your account from the page you are on, there should be an option there, or in the help section you can contact customer services to ensure that

Customer: replied 8 months ago.
OK, thanks.
Expert:  Ben Jones replied 8 months ago.

You are welcome, all the best

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