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I've been missold an accident-damaged, remapped car. What are my options?
I need some legal advice. I bought a 2018 BMW M140i in February from a used car garage (not BMW). Car was sold as having BMW warranty until 2021 and no mentions of any accidents. After I bought the car I noticed a few interior niggles and a minor vibration felt from under the car from 30mph onwards. I didn’t think too much of them and decided I’d get BMW to look at them when I had the time, then lockdown happened.
Fast forward 4 months, car went into BMW last week to have the niggles sorted. BMW identified that the car has previously been in a crash and repaired. Plus, it's been remapped and the engine and gearbox warranty is now void. I’ve since found a video on YouTube of the previous owner having it remapped, and the pictures on the original listing by this garage also show the rear lights not perfectly aligned (I didn’t notice at the time).
What are my rights in regards to demanding a refund? After an initial call with the garage they’re trying to get me to bring it up to them to assess and repair, and don’t care for a proper report done by BMW which I suggested. I don’t want a crash-damaged, repaired, tuned car -which wasn’t what it was sold as being. What are my options?
Fast forward 4 months, car went into BMW last week to have the niggles sorted. BMW identified that the car has previously been in a crash and repaired. Plus, it's been remapped and the engine and gearbox warranty is now void. I’ve since found a video on YouTube of the previous owner having it remapped, and the pictures on the original listing by this garage also show the rear lights not perfectly aligned (I didn’t notice at the time).
What are my rights in regards to demanding a refund? After an initial call with the garage they’re trying to get me to bring it up to them to assess and repair, and don’t care for a proper report done by BMW which I suggested. I don’t want a crash-damaged, repaired, tuned car -which wasn’t what it was sold as being. What are my options?
Asked on 20 June 2020 by Bradley E
Answered by
Dan Powell
You are entitled to a full refund. Reject the repair and tell the dealer to collect the car and give you your money back. Do not use the vehicle in the meantime - your insurance might be invalid due to the modification.
The dealer should have disclosed both the accident damage and the remap at the time of sale. It's been a legal requirement for years. For your legal rights, see: www.honestjohn.co.uk/how-to-reject-a-car-your-cons...s
The dealer should have disclosed both the accident damage and the remap at the time of sale. It's been a legal requirement for years. For your legal rights, see: www.honestjohn.co.uk/how-to-reject-a-car-your-cons...s
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