Consumer rights: Refund/Repair/Replacement

bs2014 · 20-05-2022 11:35am #1

Hi, Looking some advice. I recently bought a 2020 high end car and by luck have discovered the car was previously crashed and badly repaired. Garage eventually only offering a refund now.

I'd be going down the route of car not 'as described' under the sale of goods act.

My challenge:

In the 2-3 months since buying the car, car prices have rose in value for this ilk of car.

So for me to now go buy an equivalent 2020 car its going to cost 7 to 8k more. For me to even buy an equivalent car of the one I traded in, this is going to cost 6 to 7k more than what I sold for. The garage even tried justifying not returning the car as he was only gonna sell it for more and he would loose.

Is this just bad luck as the contract only will refund the amount you paid, regardless of the price to replace it in todays world.

If I push for a replacement. Does the replacement have to be like for like year spec trim or is it like for like in price wise which would mean me going for a rougher high mileage one at the same price as I paid for.

Engineer est c.€5k to rectify bad quality repairs and c€4.5k added depreciation associated with the car being damaged and repaired.

Should I now be pushing for the repair and or replacement option rather than just handing the car back and being in negative equity. Thanks.

whippet · 20-05-2022 1:29pm

the seller has to offer one of the three R's ... Repair, Replacement or Refund. You can choose to accept or not accept. However if you choose not to accept you will have to go down the legal route and let a judge decided if the seller's offer was reasonable.

From what you have said - a repair isn't something the dealer will be able to do or willing to do. A replacement is probably off the cards as there isn't an identical car to replace it with leaving the only option of a refund.

A refund of the price you paid for the car is the best you can expect unfortunately - I can't see how a dealer could be forced to refund more than was paid. If it was the other way round and the car depreciated in value would you accept the price paid minus depreciation as a refund?

bs2014 · 20-05-2022 5:07pm

Thanks for your reply. Your points are valid (albeit hard to accept and unfair for me) but if it was the case of normal market with cars going down in value, the garage would surely be coming after me for a reduction in the amount returned due to "usage and wear and tear", knowing them 40c a km. Just seems one sided the whole thing and the only person standing to gain is the garage who I know well will sell it on to some other victim for more money and wont spend a penny doing anything to it, that's what galls me.

I could push for a repair but could you trust the animals who sell you a crashed repair (badly repair) to put a wrong right!

If I push for a replacement, I assume I wont get like for like, they will just source another rough car with an RRP equivalent to what you paid....which I could do myself.

macvin · 20-05-2022 5:19pm

The ultimate remedy is a refund. You are being offered a refund.

That the price of the car has jumped (I don't think anything has jumped 7-8k in a couple of months) is of no consequence whatsoever. Imagine if prices dropped and they said, price has dropped, I'll refund you that amount.

With the consumer goods market starting to soften, you may find prices will start to drop.

Del2005 · 20-05-2022 7:59pm

https://www.boards.ie/discussion/comment/119090791#Comment_119090791

They can't depreciate for use in such a short time. If you'd had the car a year or more they'd have a case to reduce the refund because you got use of it. But for a fault to develop soon after purchase it's full price refund.

bs2014 · 20-05-2022 9:56pm

For desirable msport bmws they are like hens teeth so prices are crazy. It's sickening but buying a car in good faith and the person who carried out the crime, selling a crashed car that was badly repaired now stands to profit out of it. He may not turn 7k profit but he could easily turn 3 or 4k.

laoisgem · 20-05-2022 10:15pm

I would say get a grip, it's not the garages fault prices have increased 🙄

Claw Hammer · 24-05-2022 12:11pm

There is an argument that you are entitled to set aside the contract for misrepresentation and be put in the position you would have been in had the contract been performed properly. Section 53 of the Sale of Goods Act 1893.

I used the Act when paid for an item which wasn't delivered on time. I repudiated the contract and bought the item elsewhere at a higher price. I had to go to the Small Claims Court to get the higher price from the original retailer who only offered a refund. I got back more from the first retailer than I paid them.

Bear in mind that the claim will be fiercely resisted by the garage and it would be a long court battle over a few thousand euro.

24-05-2022 12:27pm

https://www.boards.ie/discussion/comment/119091900#Comment_119091900

How so?

Garage bought the car for €X,000, didn't do proper due diligence on it, then sold it to OP for €Y,000.

Garage now has to refund Y and is out of pocket to the tune of "X minus whatever scrappage they can get for their new lemon".

How can they turn a profit on that?

bs2014 · 24-05-2022 5:17pm

https://www.boards.ie/discussion/comment/119106542#Comment_119106542

Because they return it at Y000 and sell it for Z000 which is more than Y000 cuz of the way prices have been rising.

24-05-2022 6:20pm

Z is a completely new price, which is a fraction of what they initially paid for it.

I mean, you hardly think they're gonna be able to sell the crashed car for more money than they sold it to OP for, before they knew it was crashed?

24-05-2022 6:32pm

https://www.boards.ie/discussion/comment/119108235#Comment_119108235

Seriously???? That's your logic???? The dealer is returning your money to you .... all cause we all now know the car was crashed......so you think the dealer will re-flip the ( crashed ) motor for a higher price.again I gotta ask......are you serious????

24-05-2022 6:37pm

https://www.boards.ie/discussion/comment/119106473#Comment_119106473

No solicitor would take such a 'nonsense' claim on..... the penultimate remedy is a full refund.... which has been offered. End of

iceage · 24-05-2022 6:39pm

Take the refund and walk away.

Consumer rights: Refund/Repair/Replacement

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