Can used car from dealer be returned?

britainuser

Hi, I bought a car from dealer last Sunday. As I cleaned it now and the weather is better I can see right back panel of the car has been painted. I bought the report history and it doesn't seems to be in car accident. However for a 20K car you wouldn't expect this to happen. Do you think I can return this for full refund? Its on finance so would have to cancel. I've signed V5 and done tax on collection of the car so not sure how that impact the cancellation? 

tacpot12

No, I don't think you can, unless the car was described by the dealer as being "accident-free" or the report history was faked by the dealer. Did you get the report from an independent source? 

I don't think you can say that a £20K shouldn't have any accident damage. Cars with accident damage are sold for a lot more than £20K and a £20K car could be ten years old. (I've been looking at Porsches recently...)

Grumpy_chap

britainuser said:

Hi, I bought a car from dealer last Sunday. As I cleaned it now and the weather is better I can see right back panel of the car has been painted. I bought the report history and it doesn't seems to be in car accident. However for a 20K car you wouldn't expect this to happen. Do you think I can return this for full refund? Its on finance so would have to cancel. I've signed V5 and done tax on collection of the car so not sure how that impact the cancellation? 

Did you view the car before purchase, or was this an entirely remote purchase so the car simply delivered to you and you paid online / telephone?

britainuser

Grumpy_chap said:

britainuser said:

Hi, I bought a car from dealer last Sunday. As I cleaned it now and the weather is better I can see right back panel of the car has been painted. I bought the report history and it doesn't seems to be in car accident. However for a 20K car you wouldn't expect this to happen. Do you think I can return this for full refund? Its on finance so would have to cancel. I've signed V5 and done tax on collection of the car so not sure how that impact the cancellation? 

Did you view the car before purchase, or was this an entirely remote purchase so the car simply delivered to you and you paid online / telephone?

I used totalcarcheck.co.ukI

I view it but was heavy rain so all looked ok but I can see the difference now and I'm ordering the paint checker to confirm it.

I founded this info:

Can I return my car within 14 days of buying it?

Your ability to request a refund within 14 days will be affected by the method used to buy the car, and also whether the sale was made at a distance (e.g. over the phone or online), or whilst at physical premises (e.g. car dealership).

“On-premises” sale – If the car purchase is made on the premises of the business (e.g. an independent garage or car dealership), you will only be able to request a refund for the car if there is a problem with it. Under the Limitation Act 1980, s5, you have up to 6 years from the point of sale to make a claim for breach of the sales contract.

Under the Consumer Rights Act 2015, if the vehicle is found to be defective, based on your first tier of rights, you may request within the first 30 days of purchase;

The rejection of the vehicle in return for a full purchase refund; or

For the trader to repair the vehicle; or

For the trader to replace the car like-for-like.

What you recon are the chances here? 

Grumpy_chap

You don't get the 14-day rejection as you purchased on premises.  Not a remote purchase.

britainuser

Grumpy_chap said:

You don't get the 14-day rejection as you purchased on premises.  Not a remote purchase.

Consumer Rights Act 2015

If you’ve bought your used car from a dealership and find a fault with the car within the first 30 days of purchase, take a look at the “short-term right to reject” rule in the Consumer Rights Act 2015.

You’ll have to prove the fault was there when you bought the car, which can sometimes be tricky, but you can ask for a repair or a full refund if the fault was there already. Give the car a proper inspection on arrival and be sure to get confirmation of any faults or flaws in writing. 

So these rights doesn't exist anymore?  

KimJongUn88

A lot of cars have had paint even though they’ve not been involved in recorded accidents. Stone chips, scraps against bollards, fence posts etc etc could all warrant a panel being repainted.

You had the opportunity to inspect the vehicle but you inspected it in the rain which didn’t afford you the best view of the paint around the vehicle.

I doubt this is a “defect” which would warrant return of the vehicle unless the dealer made a representation to you to the effect that all the paint on the vehicle was original.

AdrianC

There is no centralised record of whether a car has been bent and repaired or not.

There is a centralised record of whether it's ever been written off by an insurer or not... and that's what your check will have said was clear...

But perhaps the insurer paid for it to be repaired instead of writing it off? No record.
Perhaps it was never an insurance claim, and the previous owner simply paid themselves? No record.
Perhaps it was transit damage before it was delivered new, and the previous owner didn't even know about it? No record.

Perhaps it wasn't even collision damage, but was merely some cosmetic scratches that have necessitated localised paint?

Grumpy_chap

britainuser said:

Grumpy_chap said:

You don't get the 14-day rejection as you purchased on premises.  Not a remote purchase.

Consumer Rights Act 2015

If you’ve bought your used car from a dealership and find a fault with the car within the first 30 days of purchase, take a look at the “short-term right to reject” rule in the Consumer Rights Act 2015.

You’ll have to prove the fault was there when you bought the car, which can sometimes be tricky, but you can ask for a repair or a full refund if the fault was there already. Give the car a proper inspection on arrival and be sure to get confirmation of any faults or flaws in writing. 

So these rights doesn't exist anymore?  

This is quite difficult as you won't say what type of car you purchased, how old it is, or whether it was a distance purchase.

The 14-days I referred to are only for a distance purchase where you are covered under the CCR and give you 14 days right to reject for any reason, or none:
https://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations-ajWHC8m21cAk

If it was not a distance purchase (which is most likely as you say you saw the car in the rain), then the CCR does not apply, so you are down to CRA and the 30-day short-term right to reject.

However, it is not clear from the information you provided that the reason you wish to reject would be within the type of faults that would be covered.  In particular, this is a paint variation, which you could have seen before purchase.  It was your choice to see the car in the rain.  You could have said you'd go back to see the car in the dry and clean.

What exactly are the grounds you think for rejection?

How old is the £20k car?

£20k could be something that is really brand new pre-reg and I'd expect the dealer to know and advise if there had been a paint repair:
https://www.autotrader.co.uk/car-details/202105042178286

£20k could be something quite old (but rare / specialist) in which case it is likely there has been some paint repairs in the life of the vehicle and also that the vendor may not know:
https://www.autotrader.co.uk/car-details/202107215281217

Please try to answer the questions that people are asking as it will help others assist you with the correct information and appropriate courses of action.

AdrianC

britainuser said:

Grumpy_chap said:

You don't get the 14-day rejection as you purchased on premises.  Not a remote purchase.

Consumer Rights Act 2015

If you’ve bought your used car from a dealership and find a fault with the car within the first 30 days of purchase, take a look at the “short-term right to reject” rule in the Consumer Rights Act 2015.

You’ll have to prove the fault was there when you bought the car, which can sometimes be tricky, but you can ask for a repair or a full refund if the fault was there already. Give the car a proper inspection on arrival and be sure to get confirmation of any faults or flaws in writing. 

So these rights doesn't exist anymore?  

They DO exist... but they're tempered by reasonable expectations for used vehicles of that type, age, relative price, apparent condition.

It's not an automatic "Look! A fault! BIN IT!".

DB1904

Grumpy_chap said:

britainuser said:

Grumpy_chap said:

You don't get the 14-day rejection as you purchased on premises.  Not a remote purchase.

Consumer Rights Act 2015

If you’ve bought your used car from a dealership and find a fault with the car within the first 30 days of purchase, take a look at the “short-term right to reject” rule in the Consumer Rights Act 2015.

You’ll have to prove the fault was there when you bought the car, which can sometimes be tricky, but you can ask for a repair or a full refund if the fault was there already. Give the car a proper inspection on arrival and be sure to get confirmation of any faults or flaws in writing. 

So these rights doesn't exist anymore?  

This is quite difficult as you won't say what type of car you purchased, how old it is, or whether it was a distance purchase.

The 14-days I referred to are only for a distance purchase where you are covered under the CCR and give you 14 days right to reject for any reason, or none:
https://www.which.co.uk/consumer-rights/regulation/consumer-contracts-regulations-ajWHC8m21cAk

If it was not a distance purchase (which is most likely as you say you saw the car in the rain), then the CCR does not apply, so you are down to CRA and the 30-day short-term right to reject.

However, it is not clear from the information you provided that the reason you wish to reject would be within the type of faults that would be covered.  In particular, this is a paint variation, which you could have seen before purchase.  It was your choice to see the car in the rain.  You could have said you'd go back to see the car in the dry and clean.

What exactly are the grounds you think for rejection?

How old is the £20k car?

£20k could be something that is really brand new pre-reg and I'd expect the dealer to know and advise if there had been a paint repair:
https://www.autotrader.co.uk/car-details/202105042178286

£20k could be something quite old (but rare / specialist) in which case it is likely there has been some paint repairs in the life of the vehicle and also that the vendor may not know:
https://www.autotrader.co.uk/car-details/202107215281217

Please try to answer the questions that people are asking as it will help others assist you with the correct information and appropriate courses of action.

Wasn't a distance sale then..