Advice on used car bought from dealer

Advice on used car bought from dealer

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HeWhoDaresRoy

Original Poster:

496 posts

217 months

Sunday 15th January 2023
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I'm looking for advice on a car I bought from a dealer a few weeks ago and have since discovered that it has a few (some serious) issues. I don't want to be unreasonable, but I'm not confident in the general safety of the car and was wondering if anyone could advise what was the process of either rejecting the vehicle or asking for it to be fixed? I've contacted the dealer who responded by saying that their warranty only covers engine and gearbox issues, but has ignored all my messages since.

In fairness, its an older luxury car, but I was hoping that buying from a dealer would provide me with some protection and no faults were divulged when asked before buying the car, so I assumed all was good. The car came with a brand new MOT.

So far I've noticed:

-Handbrake doesn't work. It literally doesn't do anything at all . I didn't test this until a few days into ownership as the car is an automatic, so I just tended to leave it in 'Park'.

-There's a decent sized hole in the sill due to corrosion that I spotted today when investigating a rattle under the car. I didn't even need to prod it - it was just there, so not sure how it wasn't noticed a few weeks ago at MOT time. The other side looks like it's about to go, but I'm not going to encourage it.

-It's using a fair bit of coolant. I've had to top-up twice so far.

-Air conditioning doesn't work (no demist or cool air) and the compressor makes a worrying rattle when it's engaged.

There are other faults that are an annoyance rather than critical and probably I'd have just lived with them, but all the same they weren't divulged when I asked:

- External boot release doesn't work which is a bit of a faff
- Sunroof edges are full of expanding foam for some reason?
- Keyless entry doesn't work
- Rear sunblind pinned-up to make it look like it works, but doesn't retract.
- Parking sensors are kaput
- Driver's heated seat doesn't work


Just wondering what are my options if the dealer continues to ignore me?

Thanks!







TonyRPH

12,977 posts

169 months

Sunday 15th January 2023
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What car is it? Sounds like it could be a BMW...

Some BMW's have boot wiring which breaks causing the boot release to not work.


HeWhoDaresRoy

Original Poster:

496 posts

217 months

Sunday 15th January 2023
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It's a Lexus LS430. I wanted something hassle-free after a succession of Jags......

daqinggregg

1,547 posts

130 months

Sunday 15th January 2023
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Car, age, price, to give us something to go on, and manage your expectations.

Somebody better able than I, will be along soon to advise you of your statutory rights.


dundarach

5,072 posts

229 months

Sunday 15th January 2023
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Anything which wasn't pointed out to you, that could render the car unroadworthy, I believe the garage have to put right.

If they sold the car as roadworthy then it should be so.

You have sixth months in which all these faults are assumed to have been there when the car was sold and it's for the dealer to sort out.

However:

How much did you pay, how many miles has it done and how old is it?

Do any of the faults prevent it being roadworthy?

The garage should sell you a car which is of satisfactory quality and fit for purpose, is it based on how much you paid?

They can have one chance to fix the faults within the sixth months, or you can reject it.

IANAL - however be polite, get on google, be reasonable, see what they say.

EDITED to add, I think it's only a handbrake adjustment you can ask for, assuming the rust isn't a failure, they other things are wear and tear.

Unless you paid mega bucks for a 'mint example, everything working' did you?

What did the advert \ salesperson say??

Edited by dundarach on Sunday 15th January 14:34

HeWhoDaresRoy

Original Poster:

496 posts

217 months

Sunday 15th January 2023
quotequote all
Thanks all. It's a Lexus LS430, 2005 and I paid £5,600. I think that's at the upper end, considering it had 138k miles. Car was sold as having no issues (I did ask and have it in writing) and I think the price I paid reflects that.

Handbrake could well just need adjustment, which is fine, but not sure how it passed MOT a few days before.

Can't confirm if sill would definitely be an MOT failure, but I'm pretty familiar with rusty Jags, and it doesn't look good underneath, even by those standards.

My preference would be to have the main issues fixed by the dealer as I really like the car, but they've totally disengaged from me. I can live with the smaller bits.



kestral

1,740 posts

208 months

Sunday 15th January 2023
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HeWhoDaresRoy said:
I've contacted the dealer who responded by saying that their warranty only covers engine and gearbox issues, but has ignored all my messages since.
The warranty is only an add on to your statutory rights.

Your rights to reject and claim a refund are enforcable under the CRA 2015. Nothing to do with a warranty you entered into for repairs at a future date.

dundarach

5,072 posts

229 months

Sunday 15th January 2023
quotequote all
HeWhoDaresRoy said:
Thanks all. It's a Lexus LS430, 2005 and I paid £5,600. I think that's at the upper end, considering it had 138k miles. Car was sold as having no issues (I did ask and have it in writing) and I think the price I paid reflects that.

Handbrake could well just need adjustment, which is fine, but not sure how it passed MOT a few days before.

Can't confirm if sill would definitely be an MOT failure, but I'm pretty familiar with rusty Jags, and it doesn't look good underneath, even by those standards.

My preference would be to have the main issues fixed by the dealer as I really like the car, but they've totally disengaged from me. I can live with the smaller bits.
Did you pay on a credit card?

I'd express your desire to return the vehicle, or if they prefer, you'd be happy with them sorting it all out.

If I were the dealer, I'd just take it back, can't be much profit in it.

Alltrack

224 posts

82 months

Sunday 15th January 2023
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I sometimes criticise posters for being judgemental on here but for fksake, the hand brake, air con and parking sensors could easily have been checked before you bought it.
It’s an 18 year old, large complex car which will inevitably have a few issues.
It wouldn’t be cost effective for the dealer to fix all the issues so hopefully he’ll play ball and give you a refund.

HeWhoDaresRoy

Original Poster:

496 posts

217 months

Sunday 15th January 2023
quotequote all
Alltrack said:
I sometimes criticise posters for being judgemental on here but for fksake, the hand brake, air con and parking sensors could easily have been checked before you bought it.
It’s an 18 year old, large complex car which will inevitably have a few issues.
It wouldn’t be cost effective for the dealer to fix all the issues so hopefully he’ll play ball and give you a refund.
I just don't think they checked the car over - literally dusted it down, got it through an MOT and sold it. I'm not sure they knowingly sold me a duffer, dubious MOT aside, but their silence suggests they don't want to deal with it and hope I'll give up and go away.


g40steve

925 posts

163 months

Sunday 15th January 2023
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HeWhoDaresRoy said:
I just don't think they checked the car over - literally dusted it down, got it through an MOT and sold it. I'm not sure they knowingly sold me a duffer, dubious MOT aside, but their silence suggests they don't want to deal with it and hope I'll give up and go away.
Buyer beware, if you didn’t check the car, on you.

Buying old, complicated (in its day expensive) cars never ends well.

Trevor555

4,459 posts

85 months

Sunday 15th January 2023
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HeWhoDaresRoy said:
Just wondering what are my options if the dealer continues to ignore me?

Thanks!
It's the usual MO for dealers who don't want to sort/pay for repairs/refunds.

Total ignore mode.

They do this because it often works, people give up, not wanting to go all the way with court etc..

Firstly, how did you pay?

Secondly, give Citizens advice a call in the morning.

They'll point you towards template letters on their website.

It's important to get the correct wording for your letters.

Some dealers will start to think twice about ignore mode if they get correctly worded letters, others will continue with ignore mode until court papers land on their doorstep.

I can't stress how important it is to call CAB rather than follow advice on here, Pistonheads is a great forum, but you'll get conflicting advice on here, as well as people saying you should have checked it yourself/old car etc/suck it up...

If it was me, the first thing I'd do now is get the car MOT tested to see what it fails on. Cheapest way to prove that it's unroadworthy.

HeWhoDaresRoy

Original Poster:

496 posts

217 months

Sunday 15th January 2023
quotequote all
dundarach said:
Did you pay on a credit card?

I'd express your desire to return the vehicle, or if they prefer, you'd be happy with them sorting it all out.

If I were the dealer, I'd just take it back, can't be much profit in it.
I think bank transfer to their company account was the only option.

I have asked the dealer to fix, but he's not responding, after his initial refusal to rectify.

HeWhoDaresRoy

Original Poster:

496 posts

217 months

Sunday 15th January 2023
quotequote all
g40steve said:
Buyer beware, if you didn’t check the car, on you.

Buying old, complicated (in its day expensive) cars never ends well.
Not sure that's fair - I bought from a dealer for the supposed protection it gives as I'm not confident in my abilities to inspect a car personally. I'm not the expert, they are. That's why a dealer sale is more expensive than buying private, surely. You're paying for peace of mind (for a few months).

HeWhoDaresRoy

Original Poster:

496 posts

217 months

Sunday 15th January 2023
quotequote all
Trevor555 said:
It's the usual MO for dealers who don't want to sort/pay for repairs/refunds.

Total ignore mode.

They do this because it often works, people give up, not wanting to go all the way with court etc..

Firstly, how did you pay?

Secondly, give Citizens advice a call in the morning.

They'll point you towards template letters on their website.

It's important to get the correct wording for your letters.

Some dealers will start to think twice about ignore mode if they get correctly worded letters, others will continue with ignore mode until court papers land on their doorstep.

I can't stress how important it is to call CAB rather than follow advice on here, Pistonheads is a great forum, but you'll get conflicting advice on here, as well as people saying you should have checked it yourself/old car etc/suck it up...

If it was me, the first thing I'd do now is get the car MOT tested to see what it fails on. Cheapest way to prove that it's unroadworthy.
That's great advice - thanks for taking the time to post. 👍

HeWhoDaresRoy

Original Poster:

496 posts

217 months

Sunday 15th January 2023
quotequote all
Forgot to mention, it also says it has air suspension, with two height and firmness settings and it seems to be stuck very low and it's a lot firmer than I was expecting, whichever button I press.

Draxindustries1

1,657 posts

24 months

Sunday 15th January 2023
quotequote all
Check the rear subframe, these rot badly. The clamps for the outer handbrake cables are attached and are known for rusting out leaving the handbrake inoperative.

QJumper

2,709 posts

27 months

Sunday 15th January 2023
quotequote all
g40steve said:
Buyer beware, if you didn’t check the car, on you.

Buying old, complicated (in its day expensive) cars never ends well.
Buyer beware doesn't apply when buying from a dealer. The buyer has a reasonable expectation that the car is sold as roadworthy and "as described", not "as seen", and has a reasonable amount of time after the sale to ask for any faults found after purchase to be rectified, or to recieve a refund.

Alltrack

224 posts

82 months

Sunday 15th January 2023
quotequote all
HeWhoDaresRoy said:
Not sure that's fair - I bought from a dealer for the supposed protection it gives as I'm not confident in my abilities to inspect a car personally. I'm not the expert, they are. That's why a dealer sale is more expensive than buying private, surely. You're paying for peace of mind (for a few months).
The dealer is focussed on profit above all else.
He could have re gassed the A/C as a temporary fix.
If it’s something big like a failed compressor it’s highly unlikely that he would fix it prior to sale unless he bought the car for pennies.
Fixing the A/C and rust would probably wipe out most of his profit from the sale so you’re best bet is a full refund.

BertBert

19,084 posts

212 months

Monday 16th January 2023
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HeWhoDaresRoy said:
I just don't think they checked the car over - literally dusted it down, got it through an MOT and sold it. I'm not sure they knowingly sold me a duffer, dubious MOT aside, but their silence suggests they don't want to deal with it and hope I'll give up and go away.
I think you are being naive there. They have done this a million times. Besides it's their job to know what they are selling you.

If you have in writing that you specifically wanted a car with no faults that'll be extremely helpful. However you will need to play hardball. As the other poster has said, get the letter written to the dealer. My strong advice is to reject the car. If it's rusty enough to have holes underneath, do you really want that? There's no way on earth that they will mend the faults and you'll get a solid reliable car out of it.