Right to repeat performance

CanadianRMP

Hi,

I have recently bought a second hand vehicle (within the 30 day period) from a dealer (not online). The vehicle has had issues with oil sensors and has been returned twice for repair already. The same issue has come again, but because the customer service manager was not on annual leave for a week I have no success contacting anyone from the company. I spoke to him yesterday and said I am not happy with the service and as this is the third time the same fault has occurred, all documented (there are other issues now) I would like exercise my right to return the vehicle under the CRA 2015. But he has said that the company has the right to exercise their right to repeat performance and they don't have to accept the right to return. My understanding of the right to repeat performance is this is exercised by the consumer to allow the supplier to complete any works to allow the supplier to bring the goods up to standard and fit for purpose. Does this right to repeat performance supersede the right to return?

Okell

If you are within 30 days of delivery and the car does not conform to contract, you can reject it outright for a full refund.

It's known as the short term right to reject and is in s20 and s22 of the Consumer Rights Act 2015.

After 30 days the trader is allowed one single attempt at either repair or replacement.  If that fails you are entitled to a refund.

Are you still within 30 days from delivery?

[Edit:  I don't know but I suspect the trader may be referring to the Sale of Goods Act.  But it doesn't matter as the relevant law is as I quote above.]