Paint fault on brand new car

I collected a brand new car on Sat 2nd Feb.

I took it home and noticed a paint fault that the factory and dealer had missed so I took it straight back expecting them to polish out the fault.

After a week they say that only option is to paint my brand new car!
I clearly do not want this and asked for an exchange or refund.

They say that I have to give them the chance to repair the fault but I clearly do not want this. It is supposed to be brand new, after all...

Where do I stand on this?

It’s not my fault, why should I have to keep the vehicle now?
Am I allowed to stop the payments and contest this case?

Asked on 11 April 2011 by HANAMA

Answered by Honest John

You have to allow them to repair the fault. You could try quoting the Clegg v Olle Anderson 2003 case, but it's debatable whether or not that applies.

Tags: paint and bodywork new cars legal issues

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