2nd hand car - can I reject the dealer's offer to refund

[ecs0set]

I bought a 2nd hand car from an independent dealer - 6 years old, moderately expensive LandRover. I noticed an issue with juddering when setting off within 2 weeks and informed original dealer.

I had the car inspected by the main dealer 2 weeks later (earliest appt.) and there is a service bulletin for the issue which means it needs the rear diff oil changed & a software update. Main dealer wants £400, local specialist wants £200. Not covered by 2nd hand warranty as not completely borked. Not covered by LR as they are dicks when it comes to known issues with their vehicles (plus to be fair, 6 years old and some independent servicing in the history).

Original independent seller refuses to countenance repair or partial refund and will only offer a full refund. I want to keep the car and have spent money transferring personal plate, etc.

Can I insist that the dealer repairs it or do they have the right to refuse and only offer a full refund? I will stump up the £200 if needed but feel it reasonable the dealer should do something to help.

[vikingaero]

So they want to refund you. Spend £200 repairing it, and then selling it for thousands more as used car prices have climbed a wall?

[CarCrazyDad]

I would just pay the £200 and move on

[steveo3002]

what if the £200 doesnt fix it and it needs a new axle or something v expensive

if £200 is sure fire way to make it 100% right then pay it and move on

[Wagonwheel555]

I believe (and could be wrong) that its an either or jobbie.

So they can either fix it or refund you but its their choice and not yours.

If they have offered to refund you, I suspect your best option is the £200 route if you want to keep the car

[ecs0set]

Wagonwheel555 said:

I believe (and could be wrong) that its an either or jobbie.

So they can either fix it or refund you but its their choice and not yours.

If they have offered to refund you, I suspect your best option is the £200 route if you want to keep the car

Yep, this was my though process, hence why it's booked in on Tuesday at the specialist with me picking up the bill. However, any assumptions I previously had about benefits of buying from dealers vs buying privately have been significantly tempered! I suppose there is still some comback if anything more significant goes wrong.

[davek_964]

ecs0set said:

However, any assumptions I previously had about benefits of buying from dealers vs buying privately have been significantly tempered! I suppose there is still some comback if anything more significant goes wrong.

They offered you a full refund - I don't think a private buyer would have done that..........

It may not be what you actually wanted, but they seem to be doing the reasonable thing to me.

[SAS Tom]

I’d get the refund. It’s a land rover so a £200 bill will be cheap compared to some of them.

[Muzzer79]

ecs0set said:

Any assumptions I previously had about benefits of buying from dealers vs buying privately have been significantly tempered! I suppose there is still some comeback if anything more significant goes wrong.

They offered you a refund. Do you really not think this is reasonable?

Do you think, if it was a private sale, Dave off the street would have given you your money back in the same scenario?

It might not be the result you wanted, but I find it hard to see an argument that devalues buying from a dealer instead of private as a result.

[nunpuncher]

SAS Tom said:

I’d get the refund. It’s a land rover so a £200 bill will be cheap compared to some of them.

This. Look at it as a lucky escape from what is coming.

[ecs0set]

Muzzer79 said:

They offered you a refund. Do you really not think this is reasonable?

Do you think, if it was a private sale, Dave off the street would have given you your money back in the same scenario?

It might not be the result you wanted, but I find it hard to see an argument that devalues buying from a dealer instead of private as a result.

I didn't say it wasn't reasonable, but then I also think a contribution towards repair would reasonable. Neither did I say that there was no value in buying a car from a dealer vs privately, only that the benefits were less valuable than I had previously believed?

To be clear, the dealer in question is no saint. Half of the features advertised are not fitted (deposit paid prior to viewing), he blatently lied about where he sourced the car and I have reason to believe he intentionally obscured part of the service history to hide a potential fault with the turbos (fortunately not actually an issue). I am mildly surprised that neither SOGA or warranty will cover a reasonably significant defect found within 2 weeks of purchase without totally rejecting the car but I still want it and it's not my first Land Rover product so I know what I'm getting into.

I will pay for the repair myself and leave an honest and fair review of the experience online. Had I been the dealer, I would have though a 50% goodwill contribution towards the issue (so £100 on a £30k+ sale) which was clearly present at the point of sale would have been a better option.

Thanks for all responses!

[andburg]

Take it to have the £200 job done, if it doesnt fix it get the refund and its only cost you £200 either way.

life is too short to mess about over £200

edit to add, shady as st offering a refund, as pointed out he knows he can fix it cheap and sell if it for more money but you can't force a repair.

Edited by andburg on Thursday 10th June 13:29

[CarCrazyDad]

ecs0set said:

I didn't say it wasn't reasonable, but then I also think a contribution towards repair would reasonable. Neither did I say that there was no value in buying a car from a dealer vs privately, only that the benefits were less valuable than I had previously believed?

To be clear, the dealer in question is no saint. Half of the features advertised are not fitted (deposit paid prior to viewing), he blatently lied about where he sourced the car and I have reason to believe he intentionally obscured part of the service history to hide a potential fault with the turbos (fortunately not actually an issue). I am mildly surprised that neither SOGA or warranty will cover a reasonably significant defect found within 2 weeks of purchase without totally rejecting the car but I still want it and it's not my first Land Rover product so I know what I'm getting into.

I will pay for the repair myself and leave an honest and fair review of the experience online. Had I been the dealer, I would have though a 50% goodwill contribution towards the issue (so £100 on a £30k+ sale) which was clearly present at the point of sale would have been a better option.

Thanks for all responses!

Personally a little confused - you seem rather unhappy with the dealer, and the car (not having the specification you want etc) , you have an option for a full refund but you don't want to take this opportunity?

I generally buy new cars and then keep them for 4-5 years so generally have full manufacturer warranty support, glad I don't have to deal with the independent used car minefield

[ecs0set]

CarCrazyDad said:

Personally a little confused - you seem rather unhappy with the dealer, and the car (not having the specification you want etc) , you have an option for a full refund but you don't want to take this opportunity?

I generally buy new cars and then keep them for 4-5 years so generally have full manufacturer warranty support, glad I don't have to deal with the independent used car minefield

Having checked the market since purchase, the car still has a significantly higher specification and lower mileage than the others currently available. Still annoying if you were told it has a desirable feature and it doesn't.

I'm happy buying the cars you have traded-in, thanks for paying the early depreciation and keeping them in good nick!

[CarCrazyDad]

Depreciation is less of a problem if you are smart with your financing and purchasing deals

I've never paid close to list for any cars, usually 10-15% off list price, or pre-registration deals, and combined that with a manufacturer financial incentives (eg additional deposit contributions if you take out their finance). The TCO generally isn't too bad .

I suspect I might have one last hurrah and buy an manufacturer approved and warranted used Sport/Super car of some description (as I can't afford a new one!) and then I will have to settle for an EV, with the way the world is going. Enjoy them while you can.

[Muzzer79]

ecs0set said:

Muzzer79 said:

They offered you a refund. Do you really not think this is reasonable?

Do you think, if it was a private sale, Dave off the street would have given you your money back in the same scenario?

It might not be the result you wanted, but I find it hard to see an argument that devalues buying from a dealer instead of private as a result.

I didn't say it wasn't reasonable, but then I also think a contribution towards repair would reasonable. Neither did I say that there was no value in buying a car from a dealer vs privately, only that the benefits were less valuable than I had previously believed?

To be clear, the dealer in question is no saint. Half of the features advertised are not fitted (deposit paid prior to viewing), he blatently lied about where he sourced the car and I have reason to believe he intentionally obscured part of the service history to hide a potential fault with the turbos (fortunately not actually an issue). I am mildly surprised that neither SOGA or warranty will cover a reasonably significant defect found within 2 weeks of purchase without totally rejecting the car but I still want it and it's not my first Land Rover product so I know what I'm getting into.

I will pay for the repair myself and leave an honest and fair review of the experience online. Had I been the dealer, I would have though a 50% goodwill contribution towards the issue (so £100 on a £30k+ sale) which was clearly present at the point of sale would have been a better option.

Thanks for all responses!

The SOGA is there to protect you from being sold a defective car.

It has achieved it's purpose by the fact that the dealer is offering you a refund. You can't force them to repair something that they've offered you a refund for.

It does seem odd as the dealer will, on the surface of it, pay more than £200 to take the car back and re-sale it but maybe he undervalued it when selling to you, especially if there's none in a similar spec around. If this is case, think of it as you getting a good deal!

[griffter]

Handing the car back will probably cost the OP £200 by the time he’s taken the time and undergone the faff, managed without a car and found a new one.
Might as well pay the £200 if it puts him in the position he wants to be in.
Rightly or wrongly, some things you have to take on the chin.

[davek_964]

Muzzer79 said:

It does seem odd as the dealer will, on the surface of it, pay more than £200 to take the car back and re-sale it

If I was the dealer, I don't think I'd have paid £200 for the fix. If it fixes it - great - but if it doesn't, then what? OP wants to reject the car (again) and wants a refund, and it's just cost me an extra £200?