Hello all,

I purchased a car from a dealer 5 days ago, since then I have noticed an issue with the o/s/f, making a noise. I booked it into a Nissan garage to have it looked at and received a report back that stated the front anti-roll bar bushes needed replacing and both o/s and n/s would need to be done, on top of that they also stated that the 12v battery was only at 50% capacity and there was an outstanding recall on the car. After gaining some further advice from CAB I was told that I had a short term right to reject, within 30 days under the Consumer Rights Act 2015. So, I did this under the 'unsatisfactory quality' clause of the Act.

I emailed the dealer, and explained the situation and exercised my right to reject under the CRA due to unsatisfactory quality. However, the dealer has rejected this. He has stated that the previous MoT had an advisory stating "slight play" in the anti-roll linkage ball joint and that the car was sold with this advisory, he also stated that on him seeking advice from Trading Standards, the battery is wear and tear and is currently functioning so this is not an issue and that he is unable to find any product recall and stated I should have sorted this with Nissan when I had booked it in to be checked the day prior. He also stated TS had advised him I had no grounds, whatsoever, to reject the vehicle.

Now, admittedly, I didn't check the MoT at the time of sale, but I can confirm it does have an advisory about slight play in the o/s/f linkage ball joint. But, this has gone from an advisory to now needing a repair. Also, the battery and recall issue. I again tried to get the issue resolved, again I was rejected.

Also, under the dealers own Ts&Cs, they state that "We’re confident in the quality of our used cars, thanks to our comprehensive preparation work. In the unlikely event you have an issue with your used car purchase, we have a policy in place for you to return the car within the first 30 days, which is hassle free." But when I enquired about this, I was informed "The car was sold in good faith, and the buy back policy we have in place is for people who have bought a car from us and have an issue that renders the car unusable/unsafe…". He advised me that the repairs can be done by them, and that this isn't an open-ended offer, is beyond fair, and if it is accepted at the end of this week (3 days'), at which point I presume such an offer won't be honoured.

Can I use my short term right to reject within the 30 day period, if the dealer is insisting the car was sold with the MoT advisory (which Nissan have informed needs replacing), or am I wrong?

Regards,

LS