Thanks for your patience. Yes, I meant the seller as in the dealer who sold you the car.
I was asking because the legal position is that when a consumer makes a purchase from a business seller, they have certain 'statutory' rights under the Consumer Rights Act 2015, which states that the goods must 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 they do not meet the above requirements, you 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 goods).
The rights against the seller are:
1. Reject the goods 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 goods can still be rejected for a refund, or if the consumer wants to keep them, they can ask for a price reduction.
So you may have been pursuing the manufacturer until now but your legal rights are actually against the dealer who sold you the car. They are the ones you have to chase if the car is not fit for purpose and they are the ones who need to arrange for repairs or replacement (as it is too late to automatically reject it for a refund at this stage).
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.
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