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Has the dealer breached the law and what can I do? - trover

Hi I’m new to here. I recently purchased a used car and have encountered some issues. I would greatly appreciate it if anyone could shed some light on them.

I purchased the car from a dealer. The front parking sensors make noise when they shouldn't, and sometimes don't work when they should. I also noticed a huge gap between the bonnet and the front grill (as if the latch to open the bonnet has been pulled). This is very noticeable when comparing it to photos of the same model and others parked in supermarket car parks.

When I looked at the service records of the vehicle, I found an invoice for a repair involving the front bumper, parking sensors (and basically all components incorporated into the front bumper), and wheelhouse shell. The repair was paid for by the previous owner's insurance, which proves that the vehicle had a front-end collision before and was repaired (perhaps poorly).

After doing some research, I believe I'm covered by consumer protection legislation. The Consumer Rights Act 2015 requires vehicles to be of satisfactory quality, fit for purpose, and as described. Otherwise, I have the right to reject the vehicle within 30 days. The burden of proof is on me to show that the fault existed at the time of purchase. However, I'm unsure if faulty parking sensors and a misaligned bumper/bonnet hood are serious enough to justify a rejection. Does the invoice suffice as proof that previous repairs were not up to standard?

Regulation 6 of the Consumer Protection from Unfair Trading Regulations 2008 states that it is an offense (misleading omission) to omit material information that could affect my purchase decision. In my case, the dealer sold me the vehicle without informing me of its prior accident and repair history, even though they were aware of it. If I had known the vehicle was damaged and repaired, I would have walked away and found another car.

Although the car wasn't written off, it was clearly not a minor repair, such as respraying stone chips or repairing a scratch. The vehicle is 5 years old, and I'm concerned about other hidden issues, such as structural damage. Unfortunately, I’m unable to inspect behind the bumper myself.

I haven't contacted the dealer yet, as this is the first time I've encountered such a situation, and I want to make sure I don't take the wrong steps. While the dealer may rectify the parking sensor issue, I anticipate that they will deny repairing the front grill/bumper misalignment, dismissing it as merely 'cosmetic.' Do I have the option to a refund or a repair? How should I proceed? Any suggestions would be much appreciated.

Has the dealer breached the law and what can I do? - Adampr

It really depends on the dealer. The first thing to do is go back to them with the car and tell them that you're not happy with it. Some (the good ones, particularly with a workshop attached) will take a look, be interested to see the receipt for the repair and offer to fix it for you. Others will fob you off and give you a line about not being able to expect a used car to be in the same condition as a new one.

If you get the first response, I think it would be reasonable to accept the repair. If the bonnet then closes properly and the sensors work, that's the end of it. Perhaps ask to see it when it's on the lift and ask them to check the wheel alignment. If you get the latter response, you might consider rejecting the car.

Has the dealer breached the law and what can I do? - trover

Thank you for your comment. That's a sensible way of handling it. However, I feel uncomfortable keeping the car. I understand it’s completely normal that used cars may have had minor collisions throughout their lifespan. However, knowing that this car suffered a collision and wasn’t properly repaired is another matter. What's worse is the dealer omitted this and I only discovered this because the invoice was left there fortunately (or unfortunately). I’ve lost trust in them, and I find it difficult to believe anything they might say about the car, as I don't know what else they could be hiding. The dealer is of the 'car supermarket' type, which makes it challenging for me to request to see the car on a lift given their strict safety rules on the workshop side. Therefore, I’m exploring the possibility of requesting a refund.

Has the dealer breached the law and what can I do? - Andrew-T

.... I feel uncomfortable keeping the car. I understand it’s completely normal that used cars may have had minor collisions throughout their lifespan. ....

In the end, this may boil down to how much you are prepared to pay to make your 'discomfort' go away ?