Faults found after buying used car from dealer..

pzq071

Earlier this week I purchased a relatively high performance car from an specialist independent used car dealer for approx £10,000.
The car was offered with a 6 month RAC approved warranty (with a £1000 limit per claim) and I part-ex'd my old runaround for a £200.

I had the car HPI checked - all fine.
No suggestion of any problems mechanical or otherwise in the original advertising.

After driving the car for a few days (clocking up around 200 miles), I have noticed a number of problems;

1) 2nd gear is crunching when shifting up or down. The change into 4th is also producing similar albeit not as severe results.

2) 1st and 2nd gear have an intermittent judder on gear change. (at bite point).

3) Loud droning sound coming from driver-side front wheel from around 40mph upwards.

4) Both rear heated seats don't work.

Both points 1 and 2 could obviously be caused by various gearbox-related problems; Clutch, DMF, Syncromesh, Gears themselves etc.
Point 3 looks like a shot wheel bearing.
Point 4 would suggest an electrical fault?

As I was not made aware of any of these problems prior to purchasing the car, I believe i am within my rights under the Sale of Goods Act to ask the dealer to rectify the faults, or give me a full refund.

As it stands I have emailed the dealer - detailing the problems and have suggested that I get the car properly diagnosed by an independent specialist local to me (as i'm a good 60 miles from the place i bought it from) get a quote for the remedial work needed and then get the dealer to refund to me the cost of the repairs.

The dealer has responded to say that we will have to proceed as follows;

1) I need for you to bring the car back to me so that I can have a report carried out at my independent specialist. I know this may seem like a pain in the backside but I have a cheaper hourly rate already agreed with my specialist and they do have all of the right equipment to diagnose the problems that have occurred.

2) I will have the problems rectified and also provide you with a copy of any reports or receipts for works carried out.

Please let me know as soon as you know when you can drop the car off so I can book the car in to initiate the work

I asked for the details of the independent specialist which turns out to be a high performance servicing / tuning place down the road from the dealer.

I also asked to be provided with a fully-insured courtesy car whilst my car is being repaired and that i have my fuel expenses reimbursed for the two round trips that i would ultimately have to make when retuning and collect the car once fixed.

The dealer has refused to provide a courtesy car or cover the fuel costs. Stating that they are "a small independent dealer" and therefore cannot afford to do so.

The problem I have is that;

a) I live 54 miles from the dealership in question and use my car to travel to and from work on a daily basis. So I need to have use of a car. (when potentially they could have the car for weeks if it requires extensive gearbox work)
b) I'm reluctant to hand over my car having recently spent £10k on it - leaving the dealer with both my car and my money.

Need to know where I stand legally.
Advice plz.

Many thanks.

greyteam1959

By the sound of it I would reject the car under the sale of goods act.......very quickly by the sound of it !!
It sounds like a right dog to me.
I am sure somebody with the relevant knowledge will be along to give you some specialist advice.
Good luck.

beefturnmail

Under Sale of Goods act you only have to accept a repair if it does not cause you significant inconvenience. Clearly being without a car whilst the issues are being remedied, and making the round trips at your own expense are a significant inconvenience. So I would do as the previous poster says and insist on a full refund. You also don't have to prove that faults were there when you bought it, as it's within 6 months of purchase (the onus would be on the dealer to prove the car was fine when you bought it, but it seems they have already admitted otherwise anyway)

See here:

http://www.whatcar.com/car-news/what-car-guide-to-complaining/your-legal-rights/232141

and here:

http://www.consumerdirect.gov.uk/after_you_buy/know-your-rights/SGAknowyourrights/

If you decide to reject, I would do it asap

Hintza

You have t give the seller the opportunity to fix it. The fact that it is 54 miles away is unfortunately your problem.

pzq071

Hintza wrote: »

You have to give the seller the opportunity to fix it. The fact that it is 54 miles away is unfortunately your problem.

beefturnmail wrote: »

Under Sale of Goods act you only have to accept a repair if it does not cause you significant inconvenience. Clearly being without a car whilst the issues are being remedied, and making the round trips at your own expense are a significant inconvenience.

Only one of you can be right...

beefturnmail

Only if the fixing doesn't 'significantly inconvenience you'. I would say being without a car and travelling 54miles to fix it is a 'significant inconvenience', and I'm sure a court would agree... If the dealer was offering a courtesy car than fine, but they have refused this. Read the links I posted and then form your own judgement on who is right....

teabelly

It's a second hand car. They have faults usually. That is why people sell their car, it's got stuff wrong with it! I'd go for a full refund and get your old car then buy another car from a dealer that is closer by. This will minimise the inconvenience to you.

Check out the terms of the RAC warranty and see whether that offers a loan car or whether the specialist would loan you a car. If neither will then I'd definitely go for a refund as if there are gear box issues as well as a whining wheel bearing I'd be wondering whether the mileage was genuine if it is showing anything less than 100k

DCFC79

Did you test drive it before buying,