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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 61192
Experience:  Qualified Solicitor
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My daughter bought car just over 4 months ago from a well

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My daughter bought car just over 4 months ago from a well established car dealers. After taking the car for an not was told the car needed to be taken off the road as has major engine problems. After taking the car to another garage for a full dianotics the result came back that the car needs a new engine. My daughter contacted citizens advise and they have told her that as she has the car less than 6 months she is well within her right to get a full refund or the repair work paid for. She was advised to contact the seller first before we took it any further. She has a written statement from the garage with details of the work needed. The seller is saying as the car is only 6 years old is doesn't need a new engine. A copy will be sent to seller as proof. Would just like to know where she stands legally on this as she paid alot of money for a car isn't forgot the road.
Many thanks

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. Firstly, I need to ask some initial questions to determine the legal position.

How long after buying the car did she realise the engine needs replacing?

Customer: replied 11 days ago.
After about 3 months the engine light starting intermittently flashing, the was booked in for an not and she asked the mechanic to check the fault.

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.

Customer: replied 11 days ago.
The car has been in the garage for the last two weeks being diagnosed, she got the phone call on monday

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.

 

So there is no automatic right to a refund after the initial 30 days so if CAB advised there is, that is incorrect.

 

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 report them to Trading Standards and start legal proceedings to seek compensation.

 

Does this answer your query?

Customer: replied 11 days ago.
Yes thankyou very much

All the best

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