Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
So what is the position at present with the car? Has the dealer taken it in again? Also, have you requested a refund and if so, what was the seller's response to this?
OK, thank you for your response. I will review the relevant information and laws 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. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.
Thanks for your patience. When a person buys a second-hand vehicle from a dealer they will have certain rights under consumer law, specifically the Consumer Rights Act 2015, which requires goods sold by a business seller to be:
· of satisfactory quality – they must not be faulty or damaged when received
· as described – they must match any description given at the time of purchase
· fit for purpose – they should be fit for the purpose they are supplied for
If the vehicle does not meet the above requirements, the buyer will have certain legal remedies against the seller (not against the manufacturer as they will only be responsible under a manufacturer’s warranty that came with the vehicle). Also note that 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. The age and value of the vehicle will also be relevant and the expectations of older vehicles will certainly be lower.
The rights against the seller are:
1. Reject the vehicle and request a refund - this must be done within 30 days of purchase or delivery.
2. Repair or replacement – this can be done within the initial 30 days or after, if that deadline has passed and a rejection is no longer possible. If a repair is not possible or has failed, the vehicle can still be rejected for a refund, or if the consumer wants to keep it, they can ask for a price reduction. If asking for a refund or a replacement, the current value of the vehicle will be used, taking into account any depreciation in value for usage by the buyer since purchase.
So whilst you can still try and as for a refund, if they refuse it you may have to settle for repair or replacement. Based on which option you are wishing to exercise, you must contact the seller and advise them. If they refuse to discharge their legal obligations under consumer laws, you should remind them of these as per the details above. If they still appear reluctant to assist, write to them one final time, warn them that they have 7 days to comply and inform them that if they fail to honour your legal rights, you will have no choice but to report them to Trading Standards and start legal proceedings to seek compensation.
Please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above. I can continue answering follow up questions and in particular can also discuss even repair or replace the car. There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you
Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a quick second to leave a positive rating by selecting 3, 4 or 5 stars above. The question will not close and I can continue with my advice as discussed. Thank you
Hello, not sure if you are having trouble seeing my posts? Do you need any further assistance or are you happy with the response to your query? I look forward to hearing from you. Thanks
Great to hear and thanks for getting back to me