What are my rights if I want to return car to dealer?

Sulalula

Hello

I bought a car from a dealer who is a 3hr drive from me. The following day the car was losing power, I called the dealer and put the car into a garage who diagnosed a problem with the turbo intercooler. The dealer is paying for the part but is refusing to pay for all of the labour. I think it's only fair that he pays 100% of it. It also has a broken rear windscreen wiper and CD player and as these were minor things, I wasn't going to mention them but obviously, they are going to cost me to get fixed too - add on the time off work to collect part/pick up/drop of car and having to turn away potential buyers for my old car, I am going to be severely out of pocket!

Where do I stand if I wish to return the vehicle as this will obliviously mean a 3hr drive in an un-roadworthy vehicle if he refuses to get it fixed?

Thanks!

tykesi

Somebody more knowlegable than me will be along soon but I think you have to allow the dealer chance to put it right, the decision to buy from a dealer that far away was yours.

The rear wiper and CD player should both have been checked by you on the inspection and/or test drive before you agreed to buy, no point bleating about them now.

colino

First all, the trader can't pretend to be a bit liable. It's down to them or it's not. Perhaps you forgot to mention a longer discussion you had with them that they would fix it free of charge at their base but only make this particular contribution to suit you and save you the drive?
If your not happy, call them and arrange to return it for a fix, refund or replacement.


I wonder why all of these ultra rare cars, that are cheaper, always develop faults when the new owner gets them home?

JJ_Egan

All depends upon what sort of sale / condition you bought and what sort of dealer .
The three hour journey is not relevant likewise your turning away buyers .Unless you want to take the dealer to court and claim expenses that is .

forgotmyname

Take the car back to them and they will fix it. You cannot expect them to pay your garage to fix something they do nto even know has a problem.

Who pays the bill if your garage dont cure the problem after replacing that part?

Time off work/pickup/dropoff all part of having a car. Get a curtesy car?

harveybobbles

It was YOUR choice to buy the car from them three hours away.

Ask them to recover it from your garage to theirs.

mcjordi

Yup gotta allow the dealer chance to rectify the faults.. If he is willing pay for part then im sure they will fit it if you take it back to them. It wont take them that long to fit the intercooler.

arcon5

Actually its not possible to know what your rights are without knowing age mileague description when you bought it and when you reported the fault and of course the cause of the fault.

You may still have the right to rejection
You may have right to repair
You may have no rights

Until we know the full situation most of the comments already posted serve no purpose other than potentially mislead you with potentially misleading information

spiro

Based on knowledge from good friend in the trade a dealer has to provide 6 months warranty (not against fair wear and tear) and if anything goes wrong they have the 3 Rs repair, replace, refund (typically in that order and solely their choice). However you have to take the car back to them unless it is completely undriveable in which case you have to contact them and ask them what to do before you do anything. In your case if you took it back to him he would have to pay all costs, by offering to pay part he is saving you a 3 hour drive.

motorguy

spiro wrote: »

Based on knowledge from good friend in the trade a dealer has to provide 6 months warranty (not against fair wear and tear)

No. Very no.

The dealer has to "warrant the condition of the car". That is very different than "providing a six month warranty". He is liable for FAULTS that occur to the car over that period (or maybe even a bit longer) and his liability will decline over time.

In the context of "what constitutes wear and tear?" you have to consider "if i owned that car from new, would it be reasonable for that part to fail after that length of time?". For example, if a spring broke on a 10 year old car with 100K miles on it 2 months after you got it, you would be unlikely to be able to get the dealer to repair that under the SOGA because its quite reasonable for it to fail after that length of time. Likewise if it broke on a 2 month old car, it would be perfectly reasonable to expect the dealer to replace the part.

spiro wrote: »

and if anything goes wrong they have the 3 Rs repair, replace, refund (typically in that order and solely their choice).

No.

In the first instance, the dealer must be given the opportunity to have the car examined. If he believes that it falls under his remit, then he has the choice of repair, refund or replace - depending on what is best for his business. If you bought a £1,000 car that needed a new engine costing £5,000 after a month, it would be unreasonable to expect the dealer to fit a new engine, therefore he may opt to refund or replace the car with a similar one.

spiro wrote: »

However you have to take the car back to them unless it is completely undriveable in which case you have to contact them and ask them what to do before you do anything.

Ish. Although they may nominate a garage local to you to inspect the car.

motorguy

Sulalula wrote: »

Hello

I bought a car from a dealer who is a 3hr drive from me. The following day the car was losing power, I called the dealer and put the car into a garage who diagnosed a problem with the turbo intercooler. The dealer is paying for the part but is refusing to pay for all of the labour. I think it's only fair that he pays 100% of it. It also has a broken rear windscreen wiper and CD player and as these were minor things, I wasn't going to mention them but obviously, they are going to cost me to get fixed too - add on the time off work to collect part/pick up/drop of car and having to turn away potential buyers for my old car, I am going to be severely out of pocket!

Where do I stand if I wish to return the vehicle as this will obliviously mean a 3hr drive in an un-roadworthy vehicle if he refuses to get it fixed?

Thanks!

Your rights are that the dealer obliged to inspect the car and, given you just had it a day, repair, refund or replace

You're not giving him the opportunity to inspect the car, therefore like him, i wouldnt be feeling a big urge to get very involved.

Also, if the problem is mis-diagnosed by your local garage, do you expect the seller to keep sending you cheque until somebody gets it right?

I would have thought the dealer could / should offer you a courtesy car whilst the repairs are being carried out but its not his fault you live 3 hours away.

It did always bemuse me when i was motor trading how many people thought it entirely reasonable that if they phoned me with "my mechanic says this car needs £600 of repairs" that i would just send them a cheque....