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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 13947
Experience:  Senior Associate Solicitor
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Quick question please I've bought a second hand car over a

Customer Question

Hello
JA: Hi. How can I help?
Customer: Quick question please I've bought a second hand car over a month ago and today it failed to start. The dealer that I bought the from is telling me not to take the car the main dealer
JA: What state are you in? And is a local attorney or other consumer protection advocate helping with this?
Customer: No
JA: What steps have you taken so far?
Customer: Just spoke with the dealer where I bought the car from That's all
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Submitted: 17 days ago.
Category: Law
Customer: replied 17 days ago.
I'm just confused why I cannot take the car to the main dealer (AUDI) for diagnostics
Expert:  JimLawyer replied 17 days ago.

Hello, this is Jim and welcome to JustAnswer. I will be the lawyer working with you today.
Sorry to hear of the issue. I will set out my written answer shortly.

Expert:  JimLawyer replied 17 days ago.

The reason they say that is that after 30 days of ownership, the dealer you purchased it from is allowed one repair attempt (not the Audi main dealer). The Consumer Rights Act 2015 applies and does confirm this.

Expert:  JimLawyer replied 17 days ago.

If you don't let them attempt a repair and you go off and incur further costs (by taking it to a main dealer), you may not be able to recover those charges. The law states that the original dealer needs to attempt a repair at their cost. So please bear in mind if you go to the main dealer (it's your choice) then you will struggle to recover your outlay.
See Section 23 of the Consumer Rights Act 2015: https://www.legislation.gov.uk/ukpga/2015/15/section/23/enacted

Expert:  JimLawyer replied 17 days ago.

The CRA 2015 confirms that the vehicle must be free from defects, fit for purpose and as described.

If you purchase a used vehicle from a dealer you have rights under the Consumer Rights Act 2015, which states that the vehicle has to be:

· of satisfactory quality in that it must not be faulty or damaged when received

· as described in that the vehicle must match any description given at the time of purchase

· fit for purpose in that it should be fit for the purpose intended

If the vehicle does not meet the above then you will be able to enforce your rights and sue for your money if the dealer refuses to give you the money back. The claim would not be against the manufacturer as they will only be responsible under their warranty which came with the vehicle.

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 which must be done within 30 days of purchase or delivery. The faults are presumed to be there from the outset unless the dealer can prove otherwise.

2. Repair or replacement and this can be done within the first 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 you want to keep it, you 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. If the repair would put you are considerable inconvenience - e.g. taking several weeks, or meaning you have to travel a long distance to them, then you can demand a refund. They are only allowed one chance at the repair - if that fails, you are due a refund.

I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.

Many thanks,
Jim

Expert:  JimLawyer replied 17 days ago.

Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of.

Best wishes,

Jim

Customer: replied 17 days ago.
Thanks
Expert:  JimLawyer replied 17 days ago.

My pleasure

Customer: replied 17 days ago.
Hello
Customer: replied 17 days ago.
Back again
Customer: replied 17 days ago.
Just found out that we bought the car not even 1 month ago.
Expert:  JimLawyer replied 17 days ago.

Hi, how can I help?