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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 52682
Experience:  Qualified Solicitor
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I own A 58 plate BMW 3 series, which i bought from BMW in

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I own A 58 plate BMW 3 series, which i bought from BMW in 2013 for the price of £15,000. Concerning the recent news concerning 2 potentially life threatening faults with the car. Do you think i have i have grounds to a full refund, as they sold me a car that they knew was potentially dangerous?

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

What issues are you referring to, please?

Customer: replied 6 months ago.
There is the issue, where the car loses complete power, due to a faulty connection from the battery to the fusebox. This is the one that has been highlighted by the recent court case, where a person was killed trying to avoid a BMW in which this happened. There is also an issue with a heater part that has been suggested as the fault causing many BMW's to catch fire. Both these were highlighted by BBC Watchdog programme
Customer: replied 6 months ago.
Both these faults were known about by BMW in 2011, where they recalled cars in the USA. They failed to do the same in UK and failed to notify anyone of the faults. I bought my car in 2013, so basically they sold me a car knowing these faults existed, neither did they notify me of such risks, or rectify them in the car

Thank you. 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 (not against the manufacturer as they will only be responsible under a manufacturer’s warranty that came with the vehicle). Also 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 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.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

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Customer: replied 6 months ago.
Thankyou for your assistance, and your time. I will take your advice and see what happens

no problem all the best for now