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Rejection Of New Car


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Hows it going guys.

Have been reading here about people rejecting their new cars due to various faults.

Was just wondering, how long after taking posession of a new motor, do you have to reject it and what is the proceedure?

Also, what kind of problems/faults would there have to be before you could reject it?

Any ideas welcome.

Matty

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Hows it going guys.

Have been reading here about people rejecting their new cars due to various faults.

Was just wondering, how long after taking posession of a new motor, do you have to reject it and what is the proceedure?

Also, what kind of problems/faults would there have to be before you could reject it?

Any ideas welcome.

Matty

Are you having problems with your new IS then? :o

I think normally to have grounds to reject a car, there should be a fault that even after a few attempts, a dealer is still unable to fix the problem. They have to have had a good go at fixing it before they will allow you to reject.

However, if the car has a fault that you find before actually signing for it at the dealer, then possibly you can reject it right there and then, but not too sure about that

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I would say that the car must be "fit for purpose" and of "merchantable quality" same as any other product sold. In the UK under the sale of goods act there is no specified time limit, if you can prove that the failure of a product was due the product being defective at time of sale and not due to "fair wear and tear".

Have a little look HERE

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I would say that the car must be "fit for purpose" and of "merchantable quality" same as any other product sold. In the UK under the sale of goods act there is no specified time limit, if you can prove that the failure of a product was due the product being defective at time of sale and not due to "fair wear and tear".

Have a little look HERE

That fact sheet is a gem.

I bought an Astra in 1990, new, which was a total lemon! The fact that I allowed the dealer an attempt to fix the dashboard rattle (yes, yes, i Know...lightning twice and all of that) took away any chance of me rejecting the car. The law has changed since then, but it's very hard to reject a car! That car had to have 3 new dash's (!), 2 windscreen, 2 new doors, and a front end spray job! I a'int bought a VX since, and don't even drive VX hire cars!!

The thing to do is to test drive the car before taking delivery. Check the panels for dings, alloys for scrapes (even on a new car), rattles (dare I mention it), and be clear if you are rejecting it before parting with your cash. Anything no matter how minor should be questioned...

Cars are like new houses - very hard to get your cash back once you have paid or even done the deal...

If you've taken finance then the finance company may battle for you!

Having said all of this, my new one has arrived at the dealer, and I am now not able to see it before delivery (hopefully 18th March) ...I must be mad...but I will drive it before I do the "Switch" transaction and check it over!

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Hi All

I agree with the above, just to add on to that - you can reject a car only if there is a 'safety issue'(this is what Lexus told me when I first wanted to reject). Also, if you wish to reject the car, you need to stop using it immediately and return the car to the dealer. The worst scenario is if you are on a hire purchase agreement - returning the car is next to impossible.

I went through this few months before, the statutory days(28) was not a problem for Lexus, as long as you informed them about your intention to return. Lexus will not take the car back if it is a rattle, alloys, music system etc.....In summary,anything that can be repaired/replaced!

If you are not happy with the response from Lexus, you can complain to SMMT. The SMMT plays the role of an arbitrator, but will not assist with rejection of the car. They suggest to consult local CAB or solicitor.

Also, somewhere in my head, I can remember that you have the right to return the car within 1000 miles or 30 days, whichever is earlier - I think this was only for approved cars. Well, atleast they offered this to me when I first bought an approved IS 200.

Javeed

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I am in Ireland and I am sure the laws are slightly different but here is my experience anyway.

In 2001 I bought a new Mazda MX5. After two months or so when the weather was good enough to put the roof down I began to notice a squeak from the back of the car.

Anyway. The dealer had 4 attempts to fix it. He tried blowing out the brakes, replacing the bearings and skimming the disks. He had the car for over 30 days in total without fixing it.

It then went to the distributors to fix. They replaced the drive shaft and after having the car for a week to test they handed it back "fixed" but the sound was still there.

Got my solicitor involved. Their reply was that (as mentioned above) the issue was not a safety issue and so they must be allowed to fix it. Our reply was, "If it is not a safety issue then what is wrong with it". Their answer was "We don't know". So basically we don't know what is wrong but we know it's safe to drive. Hmm!.

Anyway on the next attempt they kept it for two weeks and did find the problem. A badly fitting seal on the diff. Got the car back with a 3 inch scratch on the side which they fixed.

Sued them anyway and got Irish punt £2000 out of court. Sold the car within 3 months.

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Sorry to chip on about it but the Sale of Goods Act covers all of this.

The facts are that you probably bought the car cos you liked it so if the dealer fixes any faults you are happy. But you have the right to a refund regardless of a dealer telling you that it can only be returned because of safety issues, or must be within 28 days or any other BS he cares to give. If the goods do not "conform to contract" you can reject them, get a refund and sue for damages up to 6 years after you bought the car.

A luxury car that rattles, squeeks knock or bangs is not what a "reasonable person would regard as satisfactory". Also quoted MPG figures may be grounds as they are part of the description.

Wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale).

• Goods are of satisfactory quality if they reach the standard that a reasonable person would regard as satisfactory, taking into account the price and any description.

• Aspects of quality include fitness for purpose, freedom from minor defects, appearance and finish, durability and safety.

• It is the seller, not the manufacturer, who is responsible if goods do not conform to contract.

• If goods do not conform to contract at the time of sale, purchasers can request their money back "within a reasonable time". (This is not defined and will depend on circumstances)

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As Macs. post above you can expect the goods to be of suitable quality and last a reasonable time. Any talk of 28 days is rubbish. I have rejected cars at longer times than this. Some time ago I took action against a car manufacturer for faulty goods. I started action when car was 9 months old having given the dealer plenty of occassions to fix the faults. About 2 weeks before the car was 3 years old they settled out of court.

The main thing with rejection is are you prepared to take the hassle, return the car to the dealer with a rejection letter, rent a car to keep you on the road and then hold out for your rights?

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Remember, you can even reject USED cars when bought from dealers. I did that after buying a 4 year old Volvo from a car supermarket that had no warranty whatsoever!

Also, stand firm and reject immediately and get your money back. If you allow a dealer to try and repair the fault, it's gonna be very tough to get a full refund..as you are deemed to have accepted the car!

If you must reject, then cc BBC watchdog and your local trading standards on the letter. Big dealers have a reputation to protect...

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I have rejected 3 new cars but all had a significant rattlle/creak within the first few weeks that neither my then Dealer or Importer could resolve despite numerous attempts & huge frustration & disappointment on my part. As Steve implies, you have to have huge reserves of patience , you must log everything & ideally be able to constantly have concise reports on the latest situation:whinging is a poor substitute to a "professional report"!.

Tel

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As has been stated Dealers try to say that you need to give them a number of attempts to put things right. This is not so..if the car is not of high enough quality you can reject it. Log everything Keep the mileage down and give it back keys and all. Best to reject asap.

better still test drive the new car before you hand over any money

alan

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