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tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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My daughter bought a used car from a dealer and within a week,

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My daughter bought a used car from a dealer and within a week, a fault developed causing headlights to dim, speedometer to fail and throttle to be erratic. Would she be in her rights to reject this car and request a full refund?
Thank you
Steve Forshaw

tdlawyer :

Hello, thanks for your question.

tdlawyer :

My name isXXXXX can assist you with this.

tdlawyer :

You say the throttle is erratic, to me, that sounds dangerous - would you agree?

Customer: It causes the car to be jumpy for a few seconds at the same time as the headlights dim, so possibly it may be dangerous
tdlawyer :

Okay, it sounds to me like this is likely to be considered "unsatisfactory quality" and "not fit for purpose". I would imagine it would cause the MOT to fail, and thus her vehicle is likely to not be considered roadworthy. As such, if it is, then she would be entitled to reject the vehicle and demand her money back. Equally, she could demand a repair if the preferred.

tdlawyer :

I assume, obviously, that she was not told about these issues and my comments are on that basis.

Customer: Thank you, XXXXX XXXXX if you are a qualified solicitor such that we can state we have taken legal advice?
tdlawyer :

I am a qualified solicitor, yes.

Customer: in you opinion, would it be reasonable to take this matter to the small claims court with a high expectation of winning the case? Assuming we can't settle otherwise,
tdlawyer :

If the vehicle cost less than £10,000, then yes, I would say so.

Customer: Is there anything else you think we should be aware of, before proceeding?
tdlawyer :

Not really - just try and settle it before issuing proceedings as the court will expect you to do that.

Customer: Many thanks, XXXXX XXXXX rate this chat as good. Goodbye
tdlawyer :

Thank you! Have a good day.

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