My partner viewed a car at a dealer (on her own) & left a deposit. The V5 was not available when she went to collect it & was told that it would be sent signed by them & posted to her & that she should then complete the purchasers section & send off to the DVLA (this has not yet arrived).
When she collected the car it was obvious (not obviously to her) that it had been repaired to a very poor standard along with other mechanical issues. We had the car was inspected & were told that to rectify the issues would cost in the region of £900.
I’m aware that she can reject the car under the sale of goods act (but the dealer has said he wont do this & it’s obviously going to be hassle with him) what's her legal position regarding the unsigned V5?
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Hi,
I'm not sure thier is any issue with the v5 ,other than the lies the dealer appears to be telling .
You can apply for a v5 without any paperwork ,the only problem is it will cost you £25 ,to apply and it takes 6 weeks .
However thier is no point in applying for the v5 if you intend to return the car to the dealer .
You say that you have had a report done that confirms the work required ,you need written confirmation of the work required .
You should then write to the dealer ,telling him that he has 7 days to take the car back and refund your money ,if not you will pursue him in the small claims court .The SCC is a simple process and the only risk to you is the £200 ,it costs to issue the writ .The dealer will have to pay the fee as well as refund your money when you win your case .
You shouldn't drive the car . SCC claim forms are available from your local county court . Sadly trading standards are pretty much useless when it comes to cases like this .
Good luck and do let the forum know how you get on .
Tony g
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There is no clear cut answer. Rejecting a used car is no where near as easy as some seem to think.
If the repairs are primarily cosmetic then it is a difficult argument as it can be argued by the dealer that the buyer saw the car and accepted it as it was.
If there are mechanical faults (a) they have to be of a nature to prevent the car actually performaing as a car (i.e. starting, going, stopping) and (b) the dealer is quite withing their rights to demand the opportunity to rectify them before you have any right of rejection.
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When she collected the car it was obvious (not obviously to her) that it had been repaired to a very poor standard along with other mechanical issues. We had the car was inspected & were told that to rectify the issues would cost in the region of £900. I’m aware that she can reject the car under the sale of goods act (but the dealer has said he wont do this & it’s obviously going to be hassle with him) what's her legal position regarding the unsigned V5?
Perhaps this will teach her to take someone with her with more knowledge of cars when she buys plus use a reputable dealer.
Or is it a simple case of buyer remore, seen a better car since she bought it?
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She was obviously happy with the cosmetic appearance of the car when she bought it. If she was, then I can't see what the argument can be.
Any rights under SoGA relate to subsequent failings of the car - it doesn't cover buyer remorse or buyer change of mind. It is important to remember that a used car does not need to be as good as a new one.
If it is merely a case of a bit of dodgy paintwork she was happy with at point of sale I can't see what the grounds of complaint or rejection are.
Any mechanical issues depend on what they are, how old and how many miles the car has done and what she paid. To have grounds for rejection unless it is quite a new car they really have to be things which stop the car performing its basic purpose as a means of transport and, in any case, the dealer has to have the opportunity to rectify them first.
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Thing like cracked oil sump hense heavy oil leak, N/S/F Shock absorber, N/S/F suspension leg and top bearing, drivers door doesn't close properly top or bottom due to being bent And poor paintwork doesn't even come close
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Som one inspected the car on your instructions. Who were they, how did they arrive at a figure of £900 for repairs and was the expenditure itemised in any way?
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Thing like cracked oil sump hense heavy oil leak, N/S/F Shock absorber, N/S/F suspension leg and top bearing, drivers door doesn't close properly top or bottom due to being bent And poor paintwork doesn't even come close
OK shock absorbers and suspension bearings may need some experience to spot but anyonse should be able to spot a huge oil leak, drivers door not closing properly and poor paintwork.
You are going to struggle rejecting it.
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(Thing like cracked oil sump hense heavy oil leak, N/S/F Shock absorber, N/S/F suspension leg and top bearing, drivers door doesn't close properly top or bottom due to being bent And poor paintwork doesn't even come close
OK shock absorbers and suspension bearings may need some experience to spot but anyonse should be able to spot a huge oil leak, drivers door not closing properly and poor paintwork. )
I think the dealer is in danger of selling an unroadworthy ,dangerous car .potentially a criminal offense .
Serious faults with the suspension could lead to instability while driving ,a cracked sump discharging oil could lead to a fire , from oil being blown onto a hot exhaust .The oil leak which sounds substantial could contaminate brakes .
In addition it's completely wrong to suggest that anyone could identify the faults suggested ,too many buyers are only interested in the colour and style of a car .
Its defined in law that a consumer lacks sufficient expertise to agree to buy a car from a dealer as sold as seen ,even when they have signed a statement to that effect.
I appreciate that the op,s partner may not have signed to buy, on a sold as seen basis .However I think the same ruling will apply ,the courts will say that a dealer must sell a car in a roadworthy condition ,with cosmetic faults only relevant to a cars age ,mileage and price .
Can I ask the op for details of the car ,how old is it ,what was the asking price ,how many miles has it done ,which manufacturer and model .
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OP says car was inspected and £900 worth or work identified.
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It is a 2008 57 reg peugeot 207 S 1.6 HDI
it has covered 43000 miles. It was advertised as 1 previous owner but on the V5 its says 2 Previous owners
Thanks
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It was advertised as 1 previous owner but on the V5 its says 2 Previous owners
Thanks
This usually means that one previous owner drove the car, and the other registered keeper was the dealership itself. My car has had one driver before me, but it says 2 in the registered keeper box on the V5.
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( It is a 2008 57 reg peugeot 207 S 1.6 HDI
it has covered 43000 miles. It was advertised as 1 previous owner but on the V5 its says 2 Previous owners)
Because of its age and mileage the car should be in much better condition than you describe ,it strengthens your case for a complete refund from the dealer .
Write and tell him that the small claims court is your next move ,don't delay ,either download the forms or get them direct from the court .don't drive the car
Have you done an HPI and a VOSA check on the car ,it's possible that the car has done more mileage than it was sold with ,if it has it will significantly strengthen your case .
Regards
Tony g
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You really have to give the dealer the right to address the issues first before you reject out of hand. Rejecting a new car is difficult let alone a used one.
Your first port of call is to try and be reasonable with the dealer and hope they react in an equally reasonable manner and try and address your concerns with the car. The dealer does have the right to try and fix the car first.
That being said, if it really is that bad, the costs of rectification maybe more than they made on the car in the first place so they might be happy to refund you as the cheapest option to them.
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