dealer wants his car back?!

Honest John Back Room » Legal matters
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Fri 10 Dec 2010 15:36
dealer wants his car back?! - pixie4789

hi i bought a car from a dealer and part exed my old bmw 735 towards the cost. a day later he rings me and says there is a gearbox fault with yours so i would like my car back and you can have yours. he didnt take mine for a test drive before so that is his fault! he turned the engine on so any fault would have shown on the computer straight away.

can he ask for this car back or is it legally mine?


thanks for any help.


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Fri 10 Dec 2010 16:39
dealer wants his car back?! - Cris_on_the_gas

Really depends on what was said about the trade in

Were you aware of the problem with the gearbox before you traded in the BMW and did the dealer ask you about the condition or if the car had any known faults before you did the deal ?

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Fri 10 Dec 2010 17:49
dealer wants his car back?! - Collos25

If you lied to him then I think he is within his rights,if you didn´t then you are within your rights to keep the car.Imagine if it was the other way round would take the new car back to him.Lucy should be on shortly and tell you your legal rights .

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Sat 11 Dec 2010 10:21
dealer wants his car back?! - Dutchie

Like the the other post are saying.If you try to pull a fast one over the dealer he or she is bound to give you a ring.

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Sat 11 Dec 2010 13:09
dealer wants his car back?! - miata

Sounds very much like you part exchanged a vehicle with a fault.

If the car you bought developed a gearbox fault the day after purchase i think you would be contacting the seller.

These things have to work in both directions and there has to be goodwill on both sides.

Basically were you aware of a gearbox fault at the time of transaction or has it mysteriously developed in twenty four hours. If you were did you disclose it or were you hoping to get away with it.

A little more detailed information would help.

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Sun 12 Dec 2010 07:50
dealer wants his car back?! - LucyBC

Dealer's have very little protection but if you made any representation as to the qualities of the car which were proved to be incorrect he could reject it and unravel the deal.

Edited by LucyBC on 12/12/2010 at 07:51

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Mon 13 Dec 2010 17:20
dealer wants his car back?! - gfewster

Tell him to take a running jump. The onus is on him to check it over and be sure he's happy with it before accepting it in part exchange.

Did you actually tell any lies? If not then you're on solid ground.

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Wed 29 Dec 2010 16:10
dealer wants his car back?! - concrete

Hi Pixie, something similar happened to me in the mid seventies. I think the law is still similar now as then. I part exchanged a car for another in good faith, as I was not aware of any faults. The dealer called and asked me to return the 'new' car as my 'old' car had a blown head gasket. I went to see him and the car. Luckily I had replaced a tyre 2 days before the trade in and the mileage was recorded on the bill. In those 2 days I only did about 40 miles to work and back. At the dealers the odometer revealed that the car had covered nearly 780 miles. Obviously someone at the dealers had taken the car for a weekend and thrashed it throughly. Presented with this the dealer backed off. Check your mileage and if you were not aware of a fault, stick to your guns. Good luck. Concrete

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