We bought a new car and discovered it's been repaired - can we reject it?

We've just bought a brand new car for £45,000. There is a crease in the boot lid and damage, which someone has tried to conceal with spray paint. We reported this within 24 hours and sent photos. We want a new car, not a repaired one. I think this is grounds for rejection. We bought it on Hire Purchase and deposit was by credit card. Do you agree this is grounds for rejection?

Asked on 3 September 2017 by sisi95

Answered by Honest John
Yes. Reject the car immediately for a full refund under the Consumer Rights Act 2015. This explains your rights: www.honestjohn.co.uk/faq/consumer-rights/ This is a particularly relevant section: The Sale and Supply of Goods to Consumers Regulations 2002, is derived from EU Directive 1999/44/EU which became Clauses 48A to 48F inclusive of the Sale of Goods act in April 2003. This reverses the burden of proof so that if goods go faulty within six months after purchase it is deemed they were faulty at the time of purchase and the trader has the onus of proving that the item is not defective due to a manufacturing defect. See: www.opsi.gov.uk/si/si2002/20023045.htm/ The Consumer Protection from Unfair Trading Regulations May 2008 (CPRs) incorporate The Sale and Supply of Goods to Consumers Regulations 2002 and contain 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. See These create 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.
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