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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 80781
Experience:  Over 5 years in practice
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I bought a car yesterday. I was nervous as it's something

Customer Question

I bought a car yesterday. I was nervous as it's something I'd not done myself before. The seller was holding the key when I noticed it was really worn, right down to the metal. He assured me it was easy to use. It was only when I stopped for petrol that I realised I couldn't lock the car. I had quite a distance to go. When I got home I tried using the fob again, no luck. I also forgot to ask for my deposit back. Please could you advise. Lesley.
JA: Where are you? It matters because laws vary by location.
Customer: I live in Milborne Port nr. Sherborne. I bought the car in Ferndown, Dorset.
JA: What steps have you taken so far?
Customer: None, I just wanted to know where I stand.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Could you tell me the cost of this advice.
Submitted: 12 days ago.
Category: Law
Expert:  Jo C. replied 12 days ago.

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

Customer: replied 12 days ago.
I have asked my question about my worn key fob and my deposit put on my car.
Customer: replied 12 days ago.
I bought a car yesterday. I was nervous as it's something I'd not done myself before. The seller was holding the key when I noticed it was really worn, right down to the metal. He assured me it was easy to use. It was only when I stopped for petrol that I realised I couldn't lock thecar. I had quite a distance to go. When I got home I tried using the fob again, no luck. I also forgot to ask for my deposit back. Please could you advise. Lesley.
JA: Where are you? It matters because laws vary by location.
Customer: I live in Milborne Port nr. Sherborne. I bought the car in Ferndown, Dorset.
JA: What steps have you taken so far?
Customer: None, I just wanted to know where I stand.
Customer: replied 12 days ago.
I await a reply.
Expert:  Jo C. replied 10 days ago.

Can you please confirm whether this was purchased from a dealer or whether it was purchased from a private seller?

The rights and remedies are different

If somebody does work for someone else, provides a service, or supplies goods, and does so as a business to a consumer, then under the Consumer Rights Act 2015 the:

Goods must be as described

Of satisfactory quality

And

Fit for purpose

And any service must be as described and carried out with reasonable care and skill.

If no price is specified then the price must be “reasonable” and if no timescale is specified the timescale must be “reasonable”

If on the other hand goods are being sold by a private individual to a private individual, they only have to be as described.

In the case of a vehicle it also must be roadworthy otherwise it’s a breach of section 75 of the Road Traffic act.

So if it was a private seller and they didn’t mention anything against the keys, then you are stuck with it.

If on the other hand it was from a dealer it substantially not of satisfactory quality and you would be entitled to return it and get your money back.

Don’t get excited, car dealers won’t do that and you would end up taking them to court although very often they will settle before court proceedings.