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Sold faulty cars - want a refund

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Comments

  • shaun_from_Africa
    shaun_from_Africa Posts: 12,858 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    waamo wrote: »
    There was a court of appeal case, Bernstein v Palmerston Motors 1987 I believe, where Bernstein purchased a faulty car.

    In that case the Judge stated that Bernstein should have given the motor trader opportunity to fix the car. If I remember correctly he said the trader should be given 3 attempts before the car could be rejected.

    That case related to a car which was appeared fine when purchased and the fault developed at a later time.
    In that instance, the purchaser is deemed to have accepted the car and so when the fault appeared, the SOGA does give the retailer the right to choose to repair, replace or refund.

    However, in the case of the OP, the fault appeared a very short time after purchase and in this instance, the SOGA gives consumers the right of rejection without having to give the seller the option to repair.

    The repair/replace/refund option for the retailer only starts once the goods are deemed to have been checked and accepted by the buyer.
  • maninthestreet
    maninthestreet Posts: 16,127 Forumite
    Part of the Furniture
    Are the faults that bad to warrant a rejection so soon?
    "You were only supposed to blow the bl**dy doors off!!"
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