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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 72139
Experience:  Over 5 years in practice
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I bought a 2003 bmw from a local car dealer paying the full

Customer Question

I bought a 2003 bmw from a local car dealer paying the full purchase price of £3195, the car came taxed and moted with 3 mths warranty. Within 2 days the car was smoking quite bad, so I rang the garage and he told me to run it for a week or so. He then arranged for it to go into the repair garage where a repair was carried out. The same day as collection it became apparent the repair had not cured the problem so it was returned again for another fix. This also had not cured the smoking so it was sent back for further diagnosis, it turn out the piston rings are worn and the dealer has offered me an exchange or my money back. I have today been to the forecourt and there is nothing I want to buy, but he has informed me he doesn't have the money to pay me back. Where do I stand on this? He has offered me £1000, which is yet to be paid into my account and the rest when he makes a sale..
Submitted: 5 years ago.
Category: Law
Jo C.
Expert:  Jo C. replied 5 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.

when did you buy please?
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Customer: replied 5 years ago.


placed a deposit of 495 on the 16/4/2013 and collected the car on sunday 21st april, rang the dealer within 2 days to report the fault
Expert:  Jo C. replied 5 years ago.
Thanks.

Is this dealership still trading?

Is he a limited company do you know?
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Customer: replied 5 years ago.


yes he is still trading, unsure as to the limited company.


 
Expert:  Jo C. replied 5 years ago.

Thanks for the information.

In a nutshell, you are entitled to a full refund. There’s no way around that really.

He might have been arguing that you accepted the vehicle under the SGA and so must give him reasonable opportunity to repair the faults but he seems to be saying that its not capable of repair.

In those circumstances he has to offer an exchange or a refund. Sellers are entitled to reduce the refund price to reflect any use you’ve had from it but you’ve had this 2 months which should lead to no reduction at all and certainly not over £2k.

Anyway, that doesn’t seem to be his justification. If he is seeking to argue that he is not liable just because he doesn’t have the money then that is just plain wrong. I cannot tell from what you say whether he is offering the remaining sum at a later time? If so, that might be more painless than suing him.

I don't think there can be solvency issues here as he is still trading and, in fairness, is making you offers so recognises his position under the SGA.

Hope this helps. Please let me know if you need more information.
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