From the Which web site for the period after 6 months form purchase:

"You must give the retailer one opportunity to repair or replace it before you can claim a partial refund, and the burden of proof is on you to prove the product is faulty."

Based on that simple paragraph you have no rights to reject the car, its been repaired.

Even if you could reject it after 6 months you would only get a partial refund and there is nothing in the act that defines what this would be.

And how would you prove it was faulty when you bought it, OK the first spring broke soon after purchase but the others lasted many months. If they had all been faulty when you bought it they would not have lasted that long.

The act does not cover buyers remorse.

Edited by skidpan on 18/07/2024 at 16:57

Totally agree regarding condition, would fully expect wear-and-tear to typical parts, but I've never had to replace a car spring before, let alone all four! As I understand, these will often last for the lifespan of the car. Roads around here aren't too bad - none of my local pals have had to replace springs, despite driving a lot more around here - and I'm not going on farm tracks or off road at all.

I would normally agree in terms of having the parts replaced and fixed, but I did specify with MINI that I didn't want the car returned before they repaired it. If the car was still broken, how much of a difference would that make?

@skidpan, I think that is the right to reject within the six months after purchase (i.e. months 2-6 after the initial 30 day period), rather than after 6 months from purchase. If it is after 6 months, the CRA does not give you a right to reject but in some circumstances a court could agree that it is appropriate.

Sorry to tell you but you are wrong.

The info I copied form Which? is correct for month 6 and longer but to avoid any doubt here is the full info for all 3 scenarios.

• 0-30 days: You can claim a full refund for goods that are of unsatisfactory quality, unfit for purpose or not as described.
• 30 days-six months: You must give the retailer one opportunity to repair or replace it before you can claim a refund.
• Six months or longer: You must give the retailer one opportunity to repair or replace it before you can claim a partial refund, and the burden of proof is on you to prove the product is faulty.

Pretty sure that the dealer can deduct a sum for use during months 2 to 6 whereas it has to be a 100% refund between day 1 and 30.

But its all immaterial for the OP since he has no way of proving the car was faulty when he bought it before you consider all the repairs were carried out.

After 6 months you need to prove the goods (here the car) were defective at the date of purchase and the defect has not been repaired.

That is exactly what I said at the top of the post. So why keep repeating it?

As we all know the first spring broke 1 month after buying the car proving it was not broken when purchased. It may have had an airline crack but proving that without said spring is totally impossible.

But I don't know whey we are even discussing it, the repair was carried out under warranty as was the repair to the other front spring.

It was the OP's personal decision to pay for the rears.

The OP seems to think they have a right to reject. They do not. Hopefully we are both trying to show this. My point was that the issue of 'proof' is not a trivial exercise.

I said all that in my first post.

To quote myself

"you have no rights to reject the car, its been repaired"

"And how would you prove it was faulty when you bought it, OK the first spring broke soon after purchase but the others lasted many months. If they had all been faulty when you bought it they would not have lasted that long"

Edited by skidpan on 19/07/2024 at 17:24