A right to return car under warranty instead of take a fix?

I recently bought a Saab 9-5 SE (1999, 120,000 miles, £1500) from a dealer (three months warranty). On starting it the next day, huge amounts of smoke billowed out the exhaust and has done ever since. There was also no oil in the car.

Brief research pointed to a turbo problem, and a Saab mechanic said the turbo was on its last legs and that timing and balance chains were too. The dealer took it in for a check and blamed it on blocked breather pipes (which they cleaned out), but two weeks and 200 miles or so later smoke is still thick and long-lasting.

A second opinion from another Saab mechanic said the same thing... again "get your money back". I took the car back today and the dealer said they would look over it. Since they have failed to confirm a problem twice (and been, frankly, derisive about my own findings) and since they sold me a car with no oil in it, I no longer trust them and don't want to take any car from them.

Do I have any chance of or legal grounding for demanding a refund instead of a fix?

Asked on 14 January 2013 by technoshepherd

Answered by Honest John
A 1999 SAAB 9-5 for £1,500 is going to be a wreck anyway. I think you should try to settle with the dealer at maybe £1250 back. You simply can't expect a £1500 car that's 14 years old to be perfect.
Dear Honest John,

Please help me choose my next car. I would like it to have:
    Select a few terms below
Similar questions
What are my rights, and should I be chasing? What are my realistic expectations? Bought brand new car from main dealer - recently had minor bump - bodyshop experts tell me my new car has had lots of work...
My 2002 Peugeot 106 1124cc petrol owned from new, and always main dealer serviced. On recent return from annual service the plastic end of the dipstick was found to have broken off - and the broken section...
I bought a Mondeo in January and when a week later found the DMF was worn. I informed the Garage who took it back and stated it was a Tiebar not the DMF and replaced it. When I drove away it was still...
Related models
Decent mix of performance and economy. Superb long-distance comfort aided by good ride and fantastic seats. An exceptionally safe car.

Value my car