Purchase of second hand car which has faults - consumer rights

Sarabibuffles

My daughter has on impulse bought a second hand car from a dealer with good reviews who stated that all their cars are checked over by a mechanic before sale and are in good condition. After delivery she discovered it has significant corrosion underneath and the brake callipers are seized up. She has asked for a refund. Initially they showed their true colours in trying to fob her off (she won’t buy from them again) and they have subsequently told her she can exchange the car (they don’t have the car she wants and we no longer trust buying from them). She declined this and they are now saying that they have a right to be given a chance to rectify the problems before they have to refund.
is this correct???
She bought the car on the 22nd June, it was delivered 2 days later and she reported the faults within 7 days. She went to Halfords and another independent garage and was quoted £1k+ for repairs.
We understood she has a right to refund within 30 days.
Can anyone advise please?

Mark_d

You have a 'short-term right to reject' under the Consumer Rights Act 2015 and are due a full refund

tacpot12

Does you daughter have legal expenses cover as part of her home insurance? (She would also be covered if you had this cover as part of your home insurance and she lives as home with you). 

If she does, she should call the legal helpline provided by the insurer. They will help her to reject the car and return it for a full refund. 

Mildly_Miffed

How old is this car, and what price?

Is the "signficant corrosion" just a bit of surface, or is it actually rotten?

If the brake calipers were "seized up" there would be no brakes. She did, I presume, test drive and find the brakes worked?

What does the MOT history say?

Personally, I wouldn't trust a Halfords report to not try and do some serious upselling...

Ectophile

Mildly_Miffed said:

If the brake calipers were "seized up" there would be no brakes. She did, I presume, test drive and find the brakes worked?

There's seized, and there's seized.

If one caliper was completely seized, then the car would still stop.  But it would be an MOT failure and the car would be unroadworthy.

Or brakes can stick on.  In the worst case, this can cause the brakes to overheat, leading to sudden brake failure (I have been there).

Mildly_Miffed

Ectophile said:

Mildly_Miffed said:

If the brake calipers were "seized up" there would be no brakes. She did, I presume, test drive and find the brakes worked?

There's seized, and there's seized.

If one caliper was completely seized, then the car would still stop.  But it would be an MOT failure and the car would be unroadworthy.

Or brakes can stick on.  In the worst case, this can cause the brakes to overheat, leading to sudden brake failure (I have been there).

A bit sticky, as you describe, is usually simply needing a bit of basic maintenance - pads cleaning, sliders cleaning and lubricating.

That's very different to actually being seized - the pistons corroded into the bores. That's usually also caused by lack of maintenance, with the brake fluid never having been changed, so containing a lot of water.

Old, wet fluid will also boil at a lower temperature, causing the "failure" you describe (it's not, the pedal will "pump up" compressing the steam, which will be reabsorbed once the fluid cools)

As ever, it's all about actually maintaining cars properly.

Sarabibuffles

Yes i think the point re the brakes is that it would fail an MOT, is not safe to drive and requires expensive repairs, when she was sold a car believing it was in good working order and had a full service and MOT history. She did test drive it but is not a mechanic and her excitement about having a first car no doubt eclipsed any concerns if she had noticed anything. It was a foolish impulsive purchase but she bought it in good faith that it had been checked over as in a good state of repair and roadworthy. It’s all very well criticising the customer but she is young and naive and the bottom line is that she was duped by an unscrupulous dealer.
Anyway thanks for confirming the consumer rights. After a battle the dealer has agreed to take the car back. We have to organise transport as they won’t collect it, and it remains to be seen whether she receives a full refund but fingers crossed.