Returning Car to Trader

Mo1215

Hi Guys,
I purchased a BMW for £18,000 from a car trader/dealer 6 days ago. I p/x'd my other car (No issues at all, was perfect) for £16500 and paid the rest by card.  Today I took the car to a bmw specialist and he stated the turbo needs replacing.  I also have a whirling and vibrating noise sometimes when i come to a full stop but mechanic couldn't replicate it.

I also took it to the bodyshop and they stated the rear bumper has been painted, the front passenger wing has scratches and the front bumper has been freshly painted and they did a really bad job (very rough and pain drip).

I travelled 180 miles to view the car and weather forecast was fine but it started raining heavily when I got there so must have missed the front bumper paint quality.
I contacted the dealer stating I want to reject the car as it's within 30 days of purchasing the car but he was being rude and stating "go ahead and take legal action.. I've been through this many times". He said legally he has a chance to fix it and offered to fix my issues.. I stated the bodywork and he said "cars get painted all the time". When i signed the papers there was a tickbox that stated happy with bodywork which I was at the time until i got it fully inspected. I think he thinks that will cover him.

Personally I feel like this car has been in an accident and don't feel safe.. The dealer isn't very helpful when I mention returning the vehicle. 

I'm happy for them to keep my old car and just get a full refund.. Can you guys please help? I don't know what to do!

KimJongUn88

You should have checked the bodywork more thoroughly prior to collecting.

ElephantBoy57

Mo1215 said:

I travelled 180 miles to view the car

What was your reason for travelling all that way? Loads of cars for sale in all the big cities, as you have learned, it complicates things.

Did you get a bill of sale for the total cost of the car? I don't think any seller would be happy when a customer wants a refund.

Mo1215

ElephantBoy57 said:

Mo1215 said:

I travelled 180 miles to view the car

What was your reason for travelling all that way? Loads of cars for sale in all the big cities, as you have learned, it complicates things.

Did you get a bill of sale for the total cost of the car? I don't think any seller would be happy when a customer wants a refund.

I liked the spec of this car. 

Yes iv got a bill of sale

tacpot12

I would get a dashcam that records audio and fit this in the car to record the whirring/vibrating as evidence that the fault exists. Your mechanic doesn't have to find the cause if you can prove there is a fault. However to have the the right of refund, you need to show that the car was supplied to you with the fault. If the car develops a fault while it is in your ownership, and the fault is one that could be expected to occur on the vehicle of that age and mileage, you don't have any protection from the Consumer Rights Act 2015. 

This could be difficult with the whining/vibration as you didn't turn around and return the car the day you collected it. 

In the case of the turbo, you might need the BMW Specialist to put in writing that the turbo has been faulty for longer than you have owned the car and to provide evidence of this. The evidence might be a degree of wear to the turbo housing that could only happen the bearings had been worn for many weeks/months.  

Basically the turbo should not be broken on an £18,000 BMW, but you took it for a test drive so you had to opportunity to find the fault if it existed at the time of the purchase , so you need to think about why you didn't realise the turbo was knackered when test driving the car. 

nottsphil

tacpot12 said:

..... but you took it for a test drive so you had to opportunity to find the fault if it existed at the time of the purchase , 

I'm in the market for a modern secondhand diesel but I've never driven one, meaning I might not pick up something is amiss as I've only ever driven a 1990 C15. Would you advise against buying (from a reputable dealer) without taking the test drive, as I've a mechanic friend who would be able to advise me subsequently? Seems like your rights are compromised somewhat if you take the test but miss something. 

macman

No they are not. You can't fail to test drive and then plead ignorance on that basis. If you have a mechanic friend, get them to check the car before you buy it, not afterwards!
Would you really consider this approach for any other purchase?

NottinghamKnight

macman said:

No they are not. You can't fail to test drive and then plead ignorance on that basis. If you have a mechanic friend, get them to check the car before you buy it, not afterwards!
Would you really consider this approach for any other purchase?

Well you don't get to 'test drive' most purchases. Though I wouldn't buy a car without a test drive.

macman

No, but if you are buying something secondhand, you don't just buy it and then hope you can return it for a full refund if it's faulty. Whenever possible, you inspect it, with or without expert assistance, and then make your decision.
With a car, it might be perfectly sound, but you might not like the driving position. That would not give you grounds to return it after purchase just because you didn't test drive it.

dogshome

The Dealer is telling lies - For the first 30 days after purchase, it is your right to reject the car outright.

Only after that period for six months after purchase, does the dealer have the right to make ONE attempt to repair the problem

AdrianC

However, all consumer rights are tempered by reasonable expectations for used goods of that price, age, and apparent condition.

The bumper paintwork was apparent pre-purchase, and you explicitly agreed on purchase that you were happy with it. And he's right about bumpers being repainted all the time - estimates reckon around a third of brand new cars have had some bodywork repair before being registered as new.

A bumper repaint isn't necessarily proof of "an accident" (although, since there's no kind of register of collision damage, it's impossible for anybody to ever know). It might be because of stone chips or car park scrapes.

This is a car that, I presume, is not a BMW approved used, and is being sold outside the dealer chain? Why?
£18k is a lot of money, but is it a lot for a car of that age/type? Was it markedly cheaper than an approved used would have been?
How old is it, and how much would it have been new? Since it's being taken to a garage outside the dealer chain, I presume it's at least three years old and outside manufacturer warranty...? There are a couple of hundred £18k diesel BMWs for sale on Autotrader that are 5-10yo. Would it be unreasonable to expect an occasional noise and a bit of previous paintwork on one of those?