Used Car Rights
Discussion
Good morning,
2 weeks ago, I have bought a used car that has been described by the dealer as having no faults.
It turned out it has several material faults (totaling 3k) and I would like to know my rights. Pls excuse, I am not from the UK.
I understand from the Consumer Rights Act, that assuming the faults are material, I could give back the car.
But I would like to get the car repaired, ideally by a 3rd party garage and paid by the seller.
Questions: If the seller is ready to take back the car, but not to take care of the repair, do I have a legal right to get it repaired? If so, do I have a legal right to get it repaired by a 3rd party garage, or does the seller have the right to execute the repair?
Many thanks
S
2 weeks ago, I have bought a used car that has been described by the dealer as having no faults.
It turned out it has several material faults (totaling 3k) and I would like to know my rights. Pls excuse, I am not from the UK.
I understand from the Consumer Rights Act, that assuming the faults are material, I could give back the car.
But I would like to get the car repaired, ideally by a 3rd party garage and paid by the seller.
Questions: If the seller is ready to take back the car, but not to take care of the repair, do I have a legal right to get it repaired? If so, do I have a legal right to get it repaired by a 3rd party garage, or does the seller have the right to execute the repair?
Many thanks
S
NumquamRetro said:
Good morning,
2 weeks ago, I have bought a used car that has been described by the dealer as having no faults.
It turned out it has several material faults (totaling 3k) and I would like to know my rights. Pls excuse, I am not from the UK.
I understand from the Consumer Rights Act, that assuming the faults are material, I could give back the car.
But I would like to get the car repaired, ideally by a 3rd party garage and paid by the seller.
Questions: If the seller is ready to take back the car, but not to take care of the repair, do I have a legal right to get it repaired? If so, do I have a legal right to get it repaired by a 3rd party garage, or does the seller have the right to execute the repair?
Many thanks
S
The dealer has the right to repair it. If you are not happy with this you have the right to reject the car and receive a refund. This applies to the first 30 days post-purchase.2 weeks ago, I have bought a used car that has been described by the dealer as having no faults.
It turned out it has several material faults (totaling 3k) and I would like to know my rights. Pls excuse, I am not from the UK.
I understand from the Consumer Rights Act, that assuming the faults are material, I could give back the car.
But I would like to get the car repaired, ideally by a 3rd party garage and paid by the seller.
Questions: If the seller is ready to take back the car, but not to take care of the repair, do I have a legal right to get it repaired? If so, do I have a legal right to get it repaired by a 3rd party garage, or does the seller have the right to execute the repair?
Many thanks
S
All the above is assuming the dealer agrees there are material faults. They may want to inspect the car themselves, which is reasonable in my opinion. If they contest the fact that there are faults, a legal route is needed.
I don’t think you can demand where the car is repaired and by whom.
The dealer can choose to offer repairs but it’s their choice where it will be done or whether to allow a third party to do the repairs but you can’t insist.
A refund is the best way to go and generally simpler to all concerned.
The dealer can choose to offer repairs but it’s their choice where it will be done or whether to allow a third party to do the repairs but you can’t insist.
A refund is the best way to go and generally simpler to all concerned.
NumquamRetro said:
Thanks, do I have the right to get it repaired or can the dealer just insist on a refund?
Many thanks
Yes, the dealer can insist on a refund, and no, you can't choose where to get it fixed. I believe you can also insist of a full refund if it's within the first 30 days.Many thanks
You didn't say what the faults are, which would have been helpful but, at £3k worth of repairs, I'd be asking for my money back.
For the CRA you have three criteria
The car is of sufficient quality (Where you have to consider wear and tear given the age and mileage of the car)
The car should be as described i.e. if they said it does not have a specific fault, then it turns out it does, it has been misdescribed (this does not have to consider age and mileage)
The car should be fit for purpose i.e. it should be able to do all the things you expect of the car (this is not really often that relevant)
Based on the very limited info you have given, you asked the dealer specifically about something, and it turns out it has a fault that they said it didnt have. That contravenes point 2 in terms of as described.
As its within the first month of purchase, you have the right to reject. However, this can get messy. Depending on the fault, you might want to give the dealer the opportunity to rectify the fault. They will need to do the work, I am pretty sure you cant demand a 3rd party repairer get involved as the contract is between you and the dealer. If the dealer agrees the 3rd party can do the work fine, but you cannot demand it.
If they refuse, or you just want your money back then you can demand a refund. If you have used the car significantly the dealer is entitled to deduct fair usage costs against the refund.
Thats about it I think! It really comes down to what the fault is, what discussion you had with the dealer and what you agreed.
The car is of sufficient quality (Where you have to consider wear and tear given the age and mileage of the car)
The car should be as described i.e. if they said it does not have a specific fault, then it turns out it does, it has been misdescribed (this does not have to consider age and mileage)
The car should be fit for purpose i.e. it should be able to do all the things you expect of the car (this is not really often that relevant)
Based on the very limited info you have given, you asked the dealer specifically about something, and it turns out it has a fault that they said it didnt have. That contravenes point 2 in terms of as described.
As its within the first month of purchase, you have the right to reject. However, this can get messy. Depending on the fault, you might want to give the dealer the opportunity to rectify the fault. They will need to do the work, I am pretty sure you cant demand a 3rd party repairer get involved as the contract is between you and the dealer. If the dealer agrees the 3rd party can do the work fine, but you cannot demand it.
If they refuse, or you just want your money back then you can demand a refund. If you have used the car significantly the dealer is entitled to deduct fair usage costs against the refund.
Thats about it I think! It really comes down to what the fault is, what discussion you had with the dealer and what you agreed.
Beware the dealer who does a temporary fix to get you through to the end of 30 days.
I had a situation once where the dealer sold a warranty with the car and when it conked out in the first month, told me to get it repaired under warranty. Warranty company told me to take it to garage of my choice and have it stripped so they could decide what to cover. Then with the car in bits in the garage and the dealer disappearing off grid, warranty company says in the small print they won't cover faults within the first 30 days as that's considered the dealer's problem. I ended up having a huge repair bill to pay the garage who were desperate to have the thing shifted off their premises.
Sounds like your best option if you still can is to reject the car if you are within time.
I had a situation once where the dealer sold a warranty with the car and when it conked out in the first month, told me to get it repaired under warranty. Warranty company told me to take it to garage of my choice and have it stripped so they could decide what to cover. Then with the car in bits in the garage and the dealer disappearing off grid, warranty company says in the small print they won't cover faults within the first 30 days as that's considered the dealer's problem. I ended up having a huge repair bill to pay the garage who were desperate to have the thing shifted off their premises.
Sounds like your best option if you still can is to reject the car if you are within time.
Chromegrill said:
Beware the dealer who does a temporary fix to get you through to the end of 30 days.
I had a situation once where the dealer sold a warranty with the car and when it conked out in the first month, told me to get it repaired under warranty. Warranty company told me to take it to garage of my choice and have it stripped so they could decide what to cover. Then with the car in bits in the garage and the dealer disappearing off grid, warranty company says in the small print they won't cover faults within the first 30 days as that's considered the dealer's problem. I ended up having a huge repair bill to pay the garage who were desperate to have the thing shifted off their premises.
Sounds like your best option if you still can is to reject the car if you are within time.
Its worth noting that repairing under warranty and rejecting via CRA aren't the same thing. I had a situation once where the dealer sold a warranty with the car and when it conked out in the first month, told me to get it repaired under warranty. Warranty company told me to take it to garage of my choice and have it stripped so they could decide what to cover. Then with the car in bits in the garage and the dealer disappearing off grid, warranty company says in the small print they won't cover faults within the first 30 days as that's considered the dealer's problem. I ended up having a huge repair bill to pay the garage who were desperate to have the thing shifted off their premises.
Sounds like your best option if you still can is to reject the car if you are within time.
Under CRA rules you only have to raise the complaint within the first 30 days, if the fault is still present after 30 days the right to reject is still applicable, otherwise dealers would just leave it at the back of the garage till the 30 days ran out.
Generally this is why warranties are on the whole pretty pointless things now when buying a car.
GreatGranny said:
NumquamRetro said:
Good morning,
Thank you very much. I found very helpful input, much appreciated.
I have found a good solution with the seller.
Thanks!
You can't just leave it at that OP Thank you very much. I found very helpful input, much appreciated.
I have found a good solution with the seller.
Thanks!
What solution?
GreatGranny said:
NumquamRetro said:
Good morning,
Thank you very much. I found very helpful input, much appreciated.
I have found a good solution with the seller.
Thanks!
You can't just leave it at that OP Thank you very much. I found very helpful input, much appreciated.
I have found a good solution with the seller.
Thanks!
What solution?
People search forums like this for solutions, given that some of us put in time and effort to respond a summary outcome would be appreciated for anyone reading this in future?
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