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Lexus RX300 2006 62k mileage £4500 - Used vehicle not fit for purpose, dealer arguing - Andrew Soames
I recently bought a Lexus RX300 2006 with 62k mileage for £4500

MOT was 10th Feb 2020, bought it on 10th May 2020.

Test drive fine and everything seemed to run ok. 10 days later took for a full service and the garage told me the bad news about it having massive corrosion underneath with corroded pipes, major oil leak, parking brake broken, tyre down to the rim. OSR & NSR bushes starting to separate, OSR & NSR brake pipes corroded, rear brake discs corroded, especially OSR rear. OSR brake bed plods missing (corroded off x 3, one wheel bearing gone, rev diff input shaft major oil loss, fuel filter pipes corroded, underside corroded, jacking points corroded and folded up, broken off. My garage says they are surprised some things didn’t come up in MOT

In short 2-3k at least of work needed and the garage couldn’t do a service due to these faults. They have declared the vehicle not fit for purpose in their write up.

I want to reject vehicle under the 30 day consumer protection laws but dealer says this is wear and tear. I’ve only had it 10 days and nothing’s happened to it in that time. This car seems to be unviable to my mind but I can tell this dealer might not do the right thing.

Can anyone advise my next actions as dealer wants me to drive it down to his garage 20 miles away whereas I’ve read on thecarexpert site that the dealer should pick up as there is no clause in invoice that says I have to do this. I’d rather he picked it up of course.

He wants to inspect the vehicle at his own mechanics but I feel he should just refund me fully...

Any help appreciated, thank you in advance...
Lexus RX300 2006 62k mileage £4500 - Used vehicle not fit for purpose, dealer arguing - elekie&a/c doctor
I would say you are well within your rights to reject the car within the 30 day CRA 2015 . Do not drive the car. Tell the dealer to collect it . Do not agree to let the dealer repair the car . You want a full refund, the car is not fit for purpose. The mot sounds a bit dodgy to me .
Lexus RX300 2006 62k mileage £4500 - Used vehicle not fit for purpose, dealer arguing - Andrew Soames
Thanks for getting back to me- glad you said that, I’m pretty nervous about even letting him take it back but I guess I’ve got to let him take it to his own mechanic...?
Lexus RX300 2006 62k mileage £4500 - Used vehicle not fit for purpose, dealer arguing - Bromptonaut

As ever, this tool is quite useful:

https://www.citizensadvice.org.uk/consumer/buying-or-repairing-a-car/problems-with-a-used-car/

Lexus RX300 2006 62k mileage £4500 - Used vehicle not fit for purpose, dealer arguing - gordonbennet

Whilst i have every sympathy, an RX is not so close to the ground that it is impossible to look underneath before parting with your hard earned, the vehicle itself has a reputation for rusting badly in countries that salt, a product over-used here, one glance under should have been enough, the underside is the very first place i look at any vehicle in the flesh.

I hope you get a refund, but suggest you refine how you inspect a potential vehicle in future.

Lexus RX300 2006 62k mileage £4500 - Used vehicle not fit for purpose, dealer arguing - focussed

Maybe too late to register a complaint about the MOT test that came with the vehicle.

If your vehicle has passed but you do not think it should have, you need to report this to the DVSA within 3 months of the test if the fault is a corrosion-related problem or within 28 days if the fault is for any other defects

https://www.themotorombudsman.org/knowledge-base/what-to-do-about-a-poor-mot

Lexus RX300 2006 62k mileage £4500 - Used vehicle not fit for purpose, dealer arguing - Brit_in_Germany

Probably difficult at the moment but if you took it to an MOT station and it failed with dangerous faults, there would be good reasons to assume that these existed at the time of sale and therefore the dealer could have broken the law by selling a dangerous vehicle. You could then report this to the police (or at least inform the dealer you will be doing so).

Lexus RX300 2006 62k mileage £4500 - Used vehicle not fit for purpose, dealer arguing - catsdad

You already have a mechanical report by the sound of it? Don't get another MoT. If it fails on items that preclude its being driven you will need to pay to have it transported from the MoT station.

Keep it simple and use the evidence you already have to reject the car.

Good luck.

Lexus RX300 2006 62k mileage £4500 - Used vehicle not fit for purpose, dealer arguing - Andrew Soames

Thanks everyone, I appreciate all your advice, including the constructive criticism from one user. I think in future I will always get the car professionally inspected before buying. Has anyone else used this type of service to avoid the situation I'm now in?

Lexus RX300 2006 62k mileage £4500 - Used vehicle not fit for purpose, dealer arguing - gordonbennet

Thanks everyone, I appreciate all your advice, including the constructive criticism from one user. I think in future I will always get the car professionally inspected before buying. Has anyone else used this type of service to avoid the situation I'm now in?

Thankyou too for taking that criticism in the way it was meant, most of us have been caught out once or several times so we arn't preaching because we're too clever by half (if only), but because we too learned the hard way that highly polished turds are not what they appear.

I've never used an inspection service, and suspect like mechanics and people in general the quality varies.

If you trust your indy, presumably local to you, and he's the one going to be working on a car you buy, you could provisionally agree to buy a car subject to approval by your indy, the dealer if he and the car is genuine might run the car over, meeting you there so the inspection can take place with all present and if all good, you go back with the dealer or his driver to the garage and pay up, alternatively agree a deal subject to your indy's approval, you'll have to pay for the indy to appraise the vehicle at the dealership asap at mutual convenience.

A dealer baulking at the latter method would tell you all you need to know and you can walk away having avoided a lemon, a dealer keen enough for the former method would give me confidence, the dealer might agree for the inspection during a longer test drive, knowing you are serious enough to pay a mechanic to appraise the vehicle fully.

The way things are at the moment, i would expect a dealer keen to stay in business to bend over backwards to see sales go through.

You'll pay slightly more one way or the other, the dealer may give a better price for you to pay up there and then and go away, or you'll pay the mechanic for his time and possible travel ex's.

You can do a lot of this yourself by spending several hours researching possible purchases for the pitfalls before ever looking at the car itself.

Edited by gordonbennet on 25/05/2020 at 10:13

Lexus RX300 2006 62k mileage £4500 - Used vehicle not fit for purpose, dealer arguing - pd

By the sound of it you are in refund territory if it really is as bad as it sounds.

However, whatever you buy, if you are buying 14 year old cars they're usually going to be a bit rubbish and are already beyond the average UK scrapping age. Just be realistic in your expectations.

Lexus RX300 2006 62k mileage £4500 - Used vehicle not fit for purpose, dealer arguing - AYSHA SID

Was there any update? And did you end up getting the money back? I'm in the exact same situation except I found out on day two of having the car