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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 61115
Experience:  Qualified Solicitor
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I have purchased a used car from a trade. Car was supposed

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Hi there, I have purchased a used car from a trade. Car was supposed to come with BMW warranty. Car developed a fault 2 weeks after purchase and BMW told me that the warranty is not valid in UK. Car trade told me that they will repair the car for me but it's already far from what was described in the advert - I want to request a refund for the car. It's now more in service than it is driving. It's been in repair for over 2 weeks and I have it for 4. I would like to know what my options are.
JA: Where are you? It matters because laws vary by location.
Customer: Northern Ireland
JA: What steps have you taken so far?
Customer: I told the trade that the car is not as described due to lack of warranty and other faults I have discovered in the car (sat nav not working, dvd not working, bluetooth not working)
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No, thanks

Hello

Welcome to Just Answer.

I am currently reviewing your question and will return to you shortly.

 

Customer: replied 10 days ago.
There are other faults in the car that I discovered - dvd not working, sat nav not working, bluetooth not working. I have an archived advertisment

Hello

Having reviewed the circumstances, unfortunately i am not the best equipped to advise of the best options in NI.

Is the seller not willing to provide a refund and if not, what reason have they given?

Customer: replied 10 days ago.
The seller is constantly ignoring me, telling that they will call me back. And they never do. I'm calling them twice a day now. Today I was told that the owner is not in untill Friday and they can't tell me anything until he gets back.
Customer: replied 10 days ago.
I am left without a car, and without money.

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many 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:

{C}· of satisfactory quality – they must not be faulty or damaged when received

{C}· as described – they must match any description given at the time of purchase

{C}· 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. 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 age and value of the vehicle will also be relevant and the expectations of older vehicles will certainly be lower.

 

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.

 

It is also important to note that the law assumes that any issued which develop within the first 6 months of buying the car were present at the time of purchase, unless the seller can prove otherwise. If they develop more than 6 months after purchase, it is for the buyer to prove that they were there at the time of sale.

 

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 start legal proceedings to seek compensation.

 

Does this answer your query?

Customer: replied 10 days ago.
Thank you for your answer. It is now beyond the 30 days from purchase but the car is with the trade for over a week now because it broke down. I belive this could have been the reason why the trade was ignoring my calls. Is the law here the same in Northern Ireland? From what I read here: https://www.nidirect.gov.uk/articles/buying-new-or-used-car there is no "30 days" mentioned anywhere.

The Consumer Rights Act 2015 extends to NI as well. The 30 days is part of that law. You can check this here:

 

https://www.nidirect.gov.uk/articles/buying-goods-and-services

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 61115
Experience: Qualified Solicitor
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