Bought car - immediate problems

Threadhead

I bought a second hand car from a garage last Friday. It was supposed to be picked up Tuesday morning, but it wasnt ready as it needed minor work to pass its MOT.

It was collected Wednesday, and drove home fine. When it was started up later in the day, the engine warning light came on, and it wouldnt go into reverse, so it was straight back to the garage.

The garage still have the car, and have made it clear they are not going to give me anything to run about in while they fix my car.

I desperately need a car for Monday, and have explained this to the garage. They hope to have it ready tonight, but obviously there are no guarantees.

Can i legally reject this car and get my money back if it is not ready tonight? I am in Scotland.

Thanks for any help

DaveMacD

I don't think you'd be right to reject it, since you are supposed to let them try and fix it first. They are not obliged to give you a hire car/replacement either.

vaio

With all due respect you are talking nonsense, it's a major fault and can be rejected and if the OP agrees to a repair then Sale of goods is clear that defective cars should be repaired without undue cost or inconvenience to the buyer.

http://www.berr.gov.uk/files/file25486.pdf

is a guide for traders but covers everything you need to know, read the bit about “claims for compensation” on p11, the “reasonable time/significant inconvenience” on p12 and the “consequential losses” on p16.

Consequental losses is what will cover the OP for hirng a car if they can't repair or replace hers for when she needs it.

ETA: Might be different in Scotland

rev_henry

I'd have another word with the garage and tell them you'll hire a car yourself and bill them for it if they don't give you one. Then do so, and sue them for reimbursement after if necessary. As vaio says they're responsible for this cost.
Its not as if a used car garage doesn't have 'spare' cars knocking round they could lend you.

Threadhead

Thanks for your replies. I've been told the car will be here tomorrow - so another delay. :rolleyes:
Fingers crossed.

Wig

It all depends on the make/model/age/mileage/price paid for the vehicle and crucially whether it came with any guarantee/warranty. ??? more information needed.

What you must do straight away is make it clear to the garage that you are not "accepting" the vehicle, although you have consented to repairs you do not "accept" the vehicle.

This is kind of the opposite of rejecting the vehicle. You cannot "reject" goods after you have "accepted" them (but this would not affect your statutory rights). What you are confirming to the garage is that they can try to satisfy you by repairing it but you are retaining your right to "reject" if they do not satisfy you.

It has been held by case law, that a second hand car need not be perfect, indeed it is expected that it would not be.

Your right to reject a newer used car, or a performance used car, having minor faults or presumably a single but significant fault is greatly enchanced if it is sold with a warranty.

A used car which is sold in good working order, but which very soon develops a major fault is not neccessarily going to be possible to reject or insist on a free repair/replacement, indeed you could get nothing at all.

hethmar

How did you pay for it?

Threadhead

The garage arranged to deliver the car this morning, got halfway here and the engine warning light came on again. We've come to an arrangement that I am taking another car instead (was interested in the other car to start with, too). They are putting extra tax and warranty on it to apologise for all the bother.

Hopefully this car will be as agreed, and that'll be an end to the problems. Thanks for all the replies.

DaveMacD

Good luck

rev_henry

Threadhead wrote: »

The garage arranged to deliver the car this morning, got halfway here and the engine warning light came on again. We've come to an arrangement that I am taking another car instead (was interested in the other car to start with, too). They are putting extra tax and warranty on it to apologise for all the bother.

Hopefully this car will be as agreed, and that'll be an end to the problems. Thanks for all the replies.

Seems a fair solution.