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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47411
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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We bought a range rover recently and it turns out not to be

Resolved Question:

we bought a range rover recently and it turns out not to be roadworthy and should not have passed an MOT. What legal rights do we have and how can we get compensation from the company. they have taken the vehicle back and returning the deposit however we feel we have lost our car of our dreams and want a replacement at a good price..
Let me know how much you charge in full for the information you provide me.
Submitted: 11 months ago.
Category: Law
Expert:  Ben Jones replied 11 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 11 months ago.

Was this a private sale or a trade sale?

Customer: replied 11 months ago.
trade sale
Expert:  Ben Jones replied 11 months ago.

OK thank you. Please can you also tell me how long ago you bought it and how long after buying it did you realise that it is not roadworthy. Please do then leave it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Customer: replied 11 months ago.
Hi Ben
We purchased the Range Rover on 18th June 2016. The following week we reported the bald inner part of the tyre and the interior lights not working properly. Guy Salmon took the car back into look at it and kept it for a week. Within the week someone drove it and kerbed the alloy wheels, which they denied. The interior light was not fixed and they left it under a tree. When I picked the car up it was covered in tree sap and had a over spray of white paint all over the interior and exterior. We took it back to Guy Salmon Sales Team and they were appaulled at the state of the car. It was taken back into their workshop 2 days later and now 2 weeks on they are saying the track rod end and the steering rack need to be changed, one is bent and the car is pulling to one side. Speaking with my MOT guy, this car should not have passed an MOT. I went to Guy Salmon on Saturday returning the keys and asking them for a full refund and mentioned I would contact a Solicitor over this. The want to do a better deal with us and are reversing all the Finance as of Saturday and I have asked for our Deposit of 14k to be ready to be transferred back to us. What are our Legal rights please.
While on this subject, I only wanted to pay for your advice today and not start up a monthly payment scheme, so how can this be avoided.
Expert:  Ben Jones replied 11 months ago.

Many thanks for your patience. I will deal with our charges first. You have paid the deposit you mentioned and that is the only charge you pay once you are satisfied with the response. If you had taken out a subscription then there would be other monthly charges but you are entirely free not to sign up and just pay a one off fee. Unfortunately I do not deal with account issues so you need to contact customer services to ensure there is no subscription. If you go to the Help page you should be able to contact them to check this.

Now going back to your main query, when a person buys a second-hand vehicle from a dealer they will have certain rights under consumer laws.

First of all, the following business practices are deemed unfair if they prompted you to make a decision to buy the car in question:
• Giving false information about the vehicle or deceiving the buyer through false advertising
• Giving insufficient information to the buyer, for example leaving out important information about the condition of the car

Failure to adhere to these rules will be unlawful and may even amount to a criminal offence so if you believe that the dealer acted in contravention of these rules you can bring this up with them when you contact them about this. Such breaches are dealt with by Trading Standards.

Your other 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.

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 to the dealer requesting a refund. However, this will need to be done within the first month after purchase. Instead of a refund you could instead request that it is repaired or replaced without causing you significant inconvenience. The dealer 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.

In this case it appears they have agreed to issue a full refund. This is all you can expect. Sadly there is no compensation for disappointment. They may be willing to give you a discount on a future purchase but that is a discretionary offer based on customer service to try and keep you happy, not a legal obligation. So if they have offered a refund and returned everything you paid, assuming there are no other losses you had incurred as a result of this, like emergency repairs, etc you cannot expect anything further from them.
This is your basic legal position. I have more detailed advice for you in terms of the options you have if they fail to fully reimburse you, 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

Ben Jones and 2 other Law Specialists are ready to help you
Customer: replied 11 months ago.
Thank you Ben for the information, this is very detailed and I will take all on board.
I will email your Customer Service in the hope this has not entered me into a monthly subscription.
If I have any further queries I will be in touch.
The Company appear to be doing all to help, I just wanted to know Legally what I should expect.
Thank you again
Stef
Expert:  Ben Jones replied 11 months ago.

Hi Stef, thanks for this. If you have issues with getting any of the money back come back to me and I will advise further, thanks