BMW AUC - issue with tyres and distance selling query
Discussion
I just recently purchased a used BMW X model, 1st registered late 2018, with less than 10k miles.
Noticed small cracks on the edges of all the tyres. Presumably this is age related but does this seem ok ?
Unfortunately the alloys haven’t been refurbished well, and I the otherwise high spec is missing heated seats (I had incorrectly assumed this was included automatically when the “electric memory seats” option was ticked).
Presumably the Consumer Contracts Regulations (ie distance selling) means that we can cancel the purchase for a full refund ? Been looking online and the rules seem skewed in favour of the consumer: ie no need to prove defects, etc. Just wondering if anyone else has ever had to cancel a purchase ?
Any thoughts or advice would be appreciated.
Noticed small cracks on the edges of all the tyres. Presumably this is age related but does this seem ok ?
Unfortunately the alloys haven’t been refurbished well, and I the otherwise high spec is missing heated seats (I had incorrectly assumed this was included automatically when the “electric memory seats” option was ticked).
Presumably the Consumer Contracts Regulations (ie distance selling) means that we can cancel the purchase for a full refund ? Been looking online and the rules seem skewed in favour of the consumer: ie no need to prove defects, etc. Just wondering if anyone else has ever had to cancel a purchase ?
Any thoughts or advice would be appreciated.
It comes down to when the deposit is taken as how easy it will be to reject the car. If a customer places a deposit online or over the phone, they have entered into the contract prior to seeing the vehicle.
That is then likely to be considered a distance sale which means the customer must be given the correct paperwork and a 14 day ‘change your mind’ option. If the dealer fails to provide all the correct paperwork, the change your mind period is extended by a year.
If dealers go for a ‘reserve and collect’ style model – or what some have called a ‘no deposit click and collect’ model – a customer does not make any payment at the time the appointment is booked.
As such, the customer only pays and enters into the contract after they have been to the premises and viewed the car, so this is unlikely to be a distance sale meaning none of the distance sale paperwork will need to be provided and no 14-day return policy needs to be offered.
A lot of used approved used car schemes include a 30 day change your mind clause too for which you require no reason at but I don’t believe BMW offer this
Otherwise, you have little recourse for your assumption about the heated seats (there is always a clause telling to to ask/check about spec if a particular item is important to you).
Have you spoken to the dealers about the tyres?
That is then likely to be considered a distance sale which means the customer must be given the correct paperwork and a 14 day ‘change your mind’ option. If the dealer fails to provide all the correct paperwork, the change your mind period is extended by a year.
If dealers go for a ‘reserve and collect’ style model – or what some have called a ‘no deposit click and collect’ model – a customer does not make any payment at the time the appointment is booked.
As such, the customer only pays and enters into the contract after they have been to the premises and viewed the car, so this is unlikely to be a distance sale meaning none of the distance sale paperwork will need to be provided and no 14-day return policy needs to be offered.
A lot of used approved used car schemes include a 30 day change your mind clause too for which you require no reason at but I don’t believe BMW offer this
Otherwise, you have little recourse for your assumption about the heated seats (there is always a clause telling to to ask/check about spec if a particular item is important to you).
Have you spoken to the dealers about the tyres?
Kananga said:
No, my question was about whether the tyres are ok or should have been replaced.
Thinking about rejecting the car for other reasons, but wondering if anyone has had to reject before, in case there is anything I need to be mindful of.
Tyre wise, at worst, I’d expect an advisory at MOT time. Certainly doesn’t look like a fail.Thinking about rejecting the car for other reasons, but wondering if anyone has had to reject before, in case there is anything I need to be mindful of.
I think a seller wether private or trade, would have to be insane to throw them away, prior to a sale.
rriggs said:
It comes down to when the deposit is taken as how easy it will be to reject the car. If a customer places a deposit online or over the phone, they have entered into the contract prior to seeing the vehicle.
That is then likely to be considered a distance sale which means the customer must be given the correct paperwork and a 14 day ‘change your mind’ option. If the dealer fails to provide all the correct paperwork, the change your mind period is extended by a year.
If dealers go for a ‘reserve and collect’ style model – or what some have called a ‘no deposit click and collect’ model – a customer does not make any payment at the time the appointment is booked.
As such, the customer only pays and enters into the contract after they have been to the premises and viewed the car, so this is unlikely to be a distance sale meaning none of the distance sale paperwork will need to be provided and no 14-day return policy needs to be offered.
A lot of used approved used car schemes include a 30 day change your mind clause too for which you require no reason at but I don’t believe BMW offer this
Otherwise, you have little recourse for your assumption about the heated seats (there is always a clause telling to to ask/check about spec if a particular item is important to you).
Have you spoken to the dealers about the tyres?
The car can be returned with a full refund, no questions asked (+- delivery costs depending on the wording of the contract) within 14 days of the car being delivered, as long as the buyer hasn’t been on the premises/inspected the car beforehand. If the buyer hasn’t been informed of their right to cancel then the potential return and refund period is extended to a year. When the deposit was taken isn’t relevant. That is then likely to be considered a distance sale which means the customer must be given the correct paperwork and a 14 day ‘change your mind’ option. If the dealer fails to provide all the correct paperwork, the change your mind period is extended by a year.
If dealers go for a ‘reserve and collect’ style model – or what some have called a ‘no deposit click and collect’ model – a customer does not make any payment at the time the appointment is booked.
As such, the customer only pays and enters into the contract after they have been to the premises and viewed the car, so this is unlikely to be a distance sale meaning none of the distance sale paperwork will need to be provided and no 14-day return policy needs to be offered.
A lot of used approved used car schemes include a 30 day change your mind clause too for which you require no reason at but I don’t believe BMW offer this
Otherwise, you have little recourse for your assumption about the heated seats (there is always a clause telling to to ask/check about spec if a particular item is important to you).
Have you spoken to the dealers about the tyres?
The Government website is pretty clear on this.
Jonny Wishbone said:
The car can be returned with a full refund, no questions asked (+- delivery costs depending on the wording of the contract) within 14 days of the car being delivered, as long as the buyer hasn’t been on the premises/inspected the car beforehand. If the buyer hasn’t been informed of their right to cancel then the potential return and refund period is extended to a year. When the deposit was taken isn’t relevant.
The Government website is pretty clear on this.
Thank you sir. That was my understanding. They didn’t volunteer the information about the right to cancel but I did clarify before buying. Appreciate the feedback!The Government website is pretty clear on this.
Rriggs and johnny wishbone offer up some sound advice.
OP there is a time frame to reject as said. Factor in the costs. Other costs apply too e.g. if you put 1000 miles on it and and scratched the door etc. Most dealers will be keen to rectify it not to lose a sale or customer.
When I purchased mine from a distance. The wheels had not been refurbished properly. I sent them photos. They asked for repair quotes. Bank transfer within 3 days and I got them fixed.
Tyre ware is often an alignment issue. So they might be happy to cover that too.
It sounds like you’re not entirely happy with the car in which case reject it rather than getting everything fixed.
OP there is a time frame to reject as said. Factor in the costs. Other costs apply too e.g. if you put 1000 miles on it and and scratched the door etc. Most dealers will be keen to rectify it not to lose a sale or customer.
When I purchased mine from a distance. The wheels had not been refurbished properly. I sent them photos. They asked for repair quotes. Bank transfer within 3 days and I got them fixed.
Tyre ware is often an alignment issue. So they might be happy to cover that too.
It sounds like you’re not entirely happy with the car in which case reject it rather than getting everything fixed.
Super_G said:
Rriggs and johnny wishbone offer up some sound advice.
OP there is a time frame to reject as said. Factor in the costs. Other costs apply too e.g. if you put 1000 miles on it and and scratched the door etc. Most dealers will be keen to rectify it not to lose a sale or customer.
When I purchased mine from a distance. The wheels had not been refurbished properly. I sent them photos. They asked for repair quotes. Bank transfer within 3 days and I got them fixed.
Tyre ware is often an alignment issue. So they might be happy to cover that too.
It sounds like you’re not entirely happy with the car in which case reject it rather than getting everything fixed.
Yup will have a think. The car won’t be driven, so just need to mull over and inform them if we decide to reject.OP there is a time frame to reject as said. Factor in the costs. Other costs apply too e.g. if you put 1000 miles on it and and scratched the door etc. Most dealers will be keen to rectify it not to lose a sale or customer.
When I purchased mine from a distance. The wheels had not been refurbished properly. I sent them photos. They asked for repair quotes. Bank transfer within 3 days and I got them fixed.
Tyre ware is often an alignment issue. So they might be happy to cover that too.
It sounds like you’re not entirely happy with the car in which case reject it rather than getting everything fixed.
Jonny Wishbone said:
The Government website is pretty clear on this.
Defining the difference between distance selling or otherwise being based on when and under what conditions the deposit has been paid is the legal advice that has been given to the motor trade so is likely to be stance that dealers will takeKananga said:
No, my question was about whether the tyres are ok or should have been replaced.
Thinking about rejecting the car for other reasons, but wondering if anyone has had to reject before, in case there is anything I need to be mindful of.
Out of interest, what other aspects of the car are you not happy about?Thinking about rejecting the car for other reasons, but wondering if anyone has had to reject before, in case there is anything I need to be mindful of.
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