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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49810
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I bought a car in January, from a dealership. We have had

Customer Question

I bought a car in January, from a dealership. We have had to bring it back numerous times to get various things fixed on the car, including recently having the engine replaced. Having just had the car back, for less than two weeks, I have asked a local garage to look at it, as the engine maintenance light came on again. They tell me that the car is not road worthy and missing numerous parts and have advised me to seek legal advice before attempting to bring the car back and get our money back.
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. When did you first notice any issues with it?

JACUSTOMER-3iz3urp6- :

Within weeks of owning it, I brought it to a mechanic who I deal with regularly, who told me of various faults with the vehicle.

Ben Jones :

ok let me get my response ready please

Ben Jones :

You can ignore these messages that time has run out

Ben Jones :

When a person buys a second-hand vehicle from a dealer they will have certain rights under consumer law, specifically the Consumer Protection from Unfair Trading Regulations 2008 (CPR) and the Sale of Goods Act 1979 (SGA).

Under the CPR, 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 the CPR 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. It would also be a criminal offence to sell a car which is unroadworthy.

In addition, you will have certain rights under the SGA, which states 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.

You can try and reject reject the vehicle, or 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.

If the dealer refuses to resolve this issue or accept any liability, you could take legal action against them. However, before going down that route you should try and resolve the issue directly with them by sending them a formal letter specifying how you want this matter resolved and giving them 7 days to respond. Advise them that if they fail to get back to you or deal with this in a satisfactory manner, you will have no other option but to report them to Trading Standards and issue legal proceedings to seek compensation.

JACUSTOMER-3iz3urp6- :

I already said that we attempted to bring it back, for repair (under duress from them) whilst attempting to get a refund.

Ben Jones :

Yes I understand but I was covering all your rights so you know where you stand.

Ben Jones :

If you need me to clarify anything further for you please let me know, thanks