Can I cancel my order for a used car if I wasn't told it had an engine replacement?

I'm purchasing a Nissan Qashqai from a dealership. I noticed in the service book that its service had been delayed due to a warranty repair. I asked the salesman what the repair was and he said he would check. I paid a deposit and signed the used vehicle order form without having been told what it was. I've now been told that the engine had been replaced and that it would have a four year warranty, although nothing in writing but to just note it down. I have since learnt from the original dealer that it was in fact a short block replacement and that it is only covered by the manufacturer's warranty, which expires in two months. Can I cancel the order and recover my £500 deposit?

Asked on 27 July 2017 by NikkiC

Answered by Honest John
Definitely. By not disclosing this to you the salesman acted illegally. The relevant law is The Consumer Protection from Unfair Trading Regulations May 2008 (CPRs) contains a general prohibition against unfair commercial practices and, in particular prohibitions against misleading actions, misleading omissions and aggressive commercial practices. The Regulations are enforceable through the civil and criminal courts. This creates an offence of misleading omissions which would not previously have been an offence if the consumer had not asked the right questions. So if a salesman knows a car has, for example, been badly damaged and repaired and does not tell the customer, he could later be held liable if the customer subsequently discovered that the car had been damaged and repaired. More here (but it's quite a long way down): www.honestjohn.co.uk/faq/consumer-rights/
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