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Ben Jones
Ben Jones, UK Lawyer
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Experience:  Qualified Solicitor
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I bought a used car yesterday, and while I was looking at

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I bought a used car yesterday, and while I was looking at it, I was concerned about a sound the engine was making, I managed to talk to two mechanics who have worked on my car previously, and they suggested it was a normal noise due to high pressure fuel injection. I checked with the dealer who serviced the car (via phone) and they told me that all the fuel injectors were replaced on the car in 2015 (fuel injectors that came on this car had a faulty design, and had to be replaced in most if not all of the cars, so this is something I was looking out for particularly).I decided to buy the car, and the independent seller garage put a note on the invoice to say that I expressed concern with the sound of the engine, and that there was nothing they could do about it, and that they advised that if I was not happy with the noise I should not buy the car. It further stated that the engine noise was a fault that was declared to me at the point of sale, and that they cannot accommodate any complaint or requests for compensation to fix the problem (if any problem is found). The car was sold with a warranty (included) against mechanical failure or gearbox (for the seller alone to fix).On the (long) trip home, the check engine light came on, and the car started to behave in a way consistent with a fuel injector problem.I'm going to speak w the dealer that did the work to see if they will guarantee it even though I am not the person that had the work done, but I am assuming they will not.Am I able to reject the car as un-roadworthygiven the language on the invoice? If I am able to reject the car, who is responsible for the cost of recovering the car the 90 miles back to the seller?

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

What was the exact wording on the invoice please?

Customer: replied 3 months ago.
34;The customer complained that they are not happy with the sounds of the engine when they viewed the car. We advised them that there is not much we can do about the noise. If they are not happy with the noise of the engine as it is then we do not advise them to purchase the vehicle.""The customer has decided to go ahead with the purchase and we consider the engine noise that the customer is not happy with as a fault that has been declared to the customer at the point of sale. Therefore, we cannot accomodate any complaint or requests for compensation contribution to fix the problem (if there is any problem to be found). "

OK thank you for your response. Leave it with me for now and I will review the relevant information and laws and will get back to you as soon as I can. 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 However, 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 main issue here is that you were made aware of this issue and bought the car on the understanding that it was there. So you would only be able to argue if it was something different and not related to the problem which was pointed out to you before purchase. I suppose you can always argue that you are not a mechanic and that a noise would not have automatically led you to believe there is a serious underlying issue with the fuel injectors.

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.

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.

Finally, any recovery fees, assuming that you are relying on the car not meeting the statutory criteria mentioned above, will be down to the seller.

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 the options you have on taking this further if they refuse to accept the return. 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

Customer: replied 3 months ago.
Thanks for this. The seller told me that legally the dealer has a right to try and repair the vehicle. When he sold me the car it was only one owner, and I think he is concerned that the logbook was sent out, and now the DVLA is going to show one previous owner, which will de-value the car, so he wants to fix it. Those fuel injectors are an expensive job at the dealer (the bank of three must all be replaced at once, if one from each bank is misfiring, it would mean six need replacing) and I am worried he won't use genuine parts, etc, and I may have a problem down the line. Does he have to be given the opportunity to fix?

Assuming the car does not meet the statutory criteria mentioned earlier, you have a right to reject it within the first 30 days – this is a choice you have. So you can reject it if you wanted to but if you also wanted to try a repair or replacement, you can opt for that instead. However, it is not the seller’s choice – it is yours. Hope this clarifies?

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