Returning a car

L1985

Hi guys I hope someone here can help us. We bought a car three weeks ago from a dealer it was around 8 years old. Noticed the brake was sticking and a it jammed after 2weeks. Then the cars steering went.called the garage and they sent someone to pick it up.never offered a replacement car. We rang them they said it was a minor issue a pump had gone and they would replace it. Now this was 2days later and he finally offered a replacement while it was being fixed.
Now at this stage we had decided we didn't want the car back.too many things had gone wrong in a short space of time so we asked for a full refund.understandably the garage really wasn't happy but he reluctantly agreed. We then rang the next day to say we would be up but didn't get to speak to the manager.arrived today short on time to find he has taken 200€ off the refund. We had traded in our old car and he gave us 500 for it. He wrote that he only sold it for 300 and had scraped it(I had checked the Reg and its transferred owners).so we are down 200and he got a full tank off us as well. Problem is he wasn't there we were caught on time so we took it and left but I'm raging. What's our rights here?i really don't want to let it go.

coylemj

Your last few sentences are a bit unclear but if I'm reading it properly, you got your money back less €200 and the cost of a tank of fuel. In all the threads I've read on boards, that is the first time I've heard of someone getting (almost all of) their money back after rejecting a secondhand car they had paid for. Consider yourself extremely lucky and next time get the car checked out by a mechanic before handing over the cash.

And if you're in the market for an eight year old car, I'd stay away from dealers of any kind, better go private and cut out the middleman. Apart from that guy you dealt with, no dealer will give you a warranty worth the name for an eight year old car so you might as well go private.

L1985

We returned the car within three weeks-you have a month within consumer law I think and you can return it. Again two issues in a small space of time is a big problem. The issue is he has sold on our old car which we were offered 500on and told us because he only got 300 he is taking away the difference. This is costing us 200.that is really not good practice in his part and surely he should have called us first?

Dial Hard

L1985 wrote:

The issue is he has sold on our old car which we were offered 500on and told us because he only got 300 he is taking away the difference. This is costing us 200.that is really not good practice in his part and surely he should have called us first?

Sorry, wait. Your post isn't very clear so I may have picked this up wrong, but are you saying the dealer should have rang you to check that you were happy with the price he was selling on your trade-in for???

VincePP

L1985 wrote: »

We returned the car within three weeks-you have a month within consumer law I think and you can return it. Again two issues in a small space of time is a big problem. The issue is he has sold on our old car which we were offered 500on and told us because he only got 300 he is taking away the difference. This is costing us 200.that is really not good practice in his part and surely he should have called us first?

There is absolutely no law of any type whatsoever to say you have an entitlement ti refund up to 28 days - or ANY time limit.

The dealer gave you €500 discount and took your car and probably sold it for parts via the trade for €300.
Legally he could have refused your refund request and just fixed the car - doesn't seem to have been a major issue, but 8 year old cars are priced cheaply because things start going wrong due to age, wear and tear.

If you bought from a private seller you would have had no rights whatever, and my opinion is the garage you dealt with has been very fair and decent

JoeySully

Brakes binding and steering pump leaking are not serious issues in my book. Both would be likely on an 8 year old car and relatively cheap to fix.

uck51js9zml2yt

The ops issue is that he was expected to bear the garages loss on the trade in.

Garage gave him 500,_sold it for 300 =200 loss.


You may have a right to it but chances of getting it are slim. You could certainly try.

As he is a dealer, the sales of goods act applies. Car must be fit for use and of merchantible quality. It clearly wasn't.

L1985

Thanks for the replies everyone.i am a bit surprised with most people's take on it as I did look it up and I would have thought not having a car for three days three weeks after buying the car would have meant it wasn't fit for purpose. I understand people's points but I honestly don't think the dealer was fair in his dealing with us. I know it was a fixable issue but I don't think most people would have been too happy in our situation. He penalised us with the trade in but I think I'll just have to let it go. Won't go near that place again that's for sure!!200 is enough of a lesson!!

coylemj

OP, what people are trying to tell you is that you got off very lightly. In the vast majority of cases, an independent dealer will simply not give you a refund nor even entertain the possibility of doing so.

The post below from two days ago (Feb 5th) is a lot more typical of what happens when someone has a problem with a secondhand car. You got off with a €200 hit, this poster has paid €7,000 for a turkey and the dealer has more or less told her to p1ss off.....

Bettyboop wrote: »

Car will be returned 3 times in the 2 weeks I collected it.
Problem is electrics now and also the turbo. I paid €7000 for thw car from a SIMI garage and have travelled a fair distance to return it each time and as well as petrol costs and the whole inconvenience I am totally fed up with the whole situation and want my money back. Dealer said we can go down that route but wont be resolved and take a long time. Am I entitled to my money back?? And whats best route to resolve this issue?? Dealer not been very co-operative imo
Thanks

http://www.boards.ie/vbulletin/showthread.php?t=2057557488