How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 61305
Experience:  Qualified Solicitor
29905560
Type Your Law Question Here...
Ben Jones is online now

I bought a used car from a dealership in September of this

Customer Question

Hello, I bought a used car from a dealership in September of this year but the car leaks quite badly on the passenger side. I did take it back for repair but unfortunately the cause was not identified. Other little things have started to show up and basically I would like to return the vehicle for my money back. I have emailed the dealer and tried to call several times but have not been able to speak to anyone:? Please could you let me know what rights I have regarding getting a refund? Kind regards
JA: Where is this? And just to clarify, when was the purchase made?
Customer: In the West Midlands, The dealership is Tomlinsons on the Birmingham New Road and the purchase was made on 17th September 2019.
JA: What steps have you taken so far?
Customer: I tried to ring and speak to them direct yesterday on several occasions but the phone just rang continuously. I sent them an email instead but as yet have not had a response.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I don't think so.
Submitted: 16 days ago.
Category: Law
Expert:  Ben Jones replied 16 days ago.

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.

Expert:  Ben Jones replied 16 days ago.

How long after buying the car did you realise it had a leak, and what are you ideally hoping for given the fault?

Customer: replied 16 days ago.
About four to five days
Expert:  Ben Jones replied 16 days ago.

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.

Expert:  Ben Jones replied 16 days ago.

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

 

Does this answer your query?

 

Expert:  Ben Jones replied 15 days ago.

My response to your query should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to clarify anything else in relation to it? If your query has been answered I would be grateful if you could please take a second to confirm this by replying on here. Thank you

Expert:  Ben Jones replied 14 days ago.

Hello, not sure if you are having trouble seeing my posts? I have not heard back from you since posting my answer and just need to know if your query has been resolved. If you could please post a quick reply to confirm I would be very grateful. Thank you