Second hand car from dealer - rights?

jozxyqk

Was unsure whether to write here or under motoring.

Around Feb this year we bought a second car - Toyota Yaris 09 plate - from a main dealer under the approved used scheme. Has been bought outright for my wife to commute.

It's had a few niggles since then that the dealer has repaired under warranty with no charge to us. Anyway, today DW says it's been making a nasty sound like a drill. The dealer's happy to look at it on Monday and has offered a courtesy car, so at this time I can't fault their service.

However, I'm getting the feeling that this car is going to go on presenting faults and we're never going to trust it...I'm just wondering what our options are.

Is there any chance we can request a refund or replacement from the dealer?

McKneff

Very, very unlikely after all this time.


Is it still under warranty.


I would be thinking about replacing it my self to be honest.

wealdroam

jozxyqk wrote: »

Was unsure whether to write here or under motoring.

Around Feb this year we bought a second car - Toyota Yaris 09 plate - from a main dealer under the approved used scheme. Has been bought outright for my wife to commute.

It's had a few niggles since then that the dealer has repaired under warranty with no charge to us. Anyway, today DW says it's been making a nasty sound like a drill. The dealer's happy to look at it on Monday and has offered a courtesy car, so at this time I can't fault their service.

However, I'm getting the feeling that this car is going to go on presenting faults and we're never going to trust it...I'm just wondering what our options are.

Is there any chance we can request a refund or replacement from the dealer?

You have had the car for nearly six months so you are almost certainly too late to reject the car as not conforming to the contract.

In Sale of Goods Act terms, it is worth noting that after six months you may need to prove that any faults appearing are inherent.
If they are deemed inherent then the dealer must provide a remedy which could be a repair, replacement or a refund... it could be a partial refund to take account of the use you have had.
You cannot force the dealer to supply a disproportionately costly remedy... which effectively means that the dealer chooses the remedy.

The dealer's warranty is in addition to your statutory rights, and as such you will need to study that to decide what options are there.

McKneff

Doesn't all these rules about faults etc being present and the 6 month rule only apply to new goods though and not second hand ones that could be a number of years old. 5 years old in this case.

bris

You have to also remember it's a 5 year old car, normal wear and tear will be based on this fact so the six month rule doesn't apply in the same way as new goods.

jozxyqk

Thanks for the responses, interesting points made.

I've had a quick look & listen and it sounds like something external is rattling around, it sounds worst when the car is vibrating more. Could be the exhaust shield.

Anyway, we'll let the dealer take a look and take things from there. I think the warranty covers major mechanical parts and not wear & tear.

Have been thinking that trading it in won't be trivial as we'd be looking of a similar size and age... We could always say we want a different colour...!

jozxyqk

Just wanted to add that it was a loose heat shield. Dealer fixed under warranty. They also noticed the aircon was faulty and fixed that and adjusted the gearbox foc.

Excellent Toyota aftersales again, but I wouldn't recommend the gen 2 Yaris. Had a gen 1 (03 plate) which was excellent and can't speak for the latest one, mind.

Thanks for the help, fingers crossed there are no more glitches for the next couple of years.

burlington6

All that for a loose heatshield. Wow

Stoke

Hope I don't sound a !!!!!!, but a loose heat shield doesn't sound like a drill, so either you were exaggerating just a teeny bit or it wasn't a loose heat shield.

Shall we say you might have been exaggerating and it was just a little rattle ? :P

By the way, if they've done a lot of work on it, those are jobs done, eventually you'll run out, and end up with a good car, if that sounds logical.

Hermione_Granger

bris wrote: »

You have to also remember it's a 5 year old car, normal wear and tear will be based on this fact so the six month rule doesn't apply in the same way as new goods.

You have posted this misleading rubbish before, and despite being told that it was incorrect, you still keep posting it.
Why?

There is nothing in the SOGA that backs up your claim that the 6 month rule does not apply to second hand goods, and according to Trading standards:

SECOND HAND GOODS
You have the same rights under the Sale of Goods Act 1979 when you buy second-hand goods as you do when you buy new. However, your expectations relating to satisfactory quality ought to be realistic when buying second-hand goods

http://www.tradingstandards.gov.uk/cgi-bin/shropshire/con1item.cgi?file=*adv0043-1011.txt

jozxyqk

Stoke wrote: »

Hope I don't sound a !!!!!!, but a loose heat shield doesn't sound like a drill, so either you were exaggerating just a teeny bit or it wasn't a loose heat shield.

Shall we say you might have been exaggerating and it was just a little rattle ? :P

jozxyqk wrote: »

Anyway, today DW says it's been making a nasty sound like a drill.

I've told her 1000 times not to exaggerate

Stoke wrote: »

By the way, if they've done a lot of work on it, those are jobs done, eventually you'll run out, and end up with a good car, if that sounds logical.

Indeed, fingers crossed. We've just been a bit surprised at having this collection of niggles in such a short time. My last 3 cars have been Toyotas with a cumulative mileage of about 150k miles with no problems. Despite a colleague claiming they're terrible as "they do all these recalls - I'll never touch them". He drives a Citroen...