I bought my wife a car from a well know car supermarket (Focus 1.6 Zetec in machine silver). The car was 9 months old when purchased. We bought the car in mid July but have only recently noticed that the drivers door is a slightly different shade to the rest of the car (or the rear door at least). There was no mention of the car having been repaired, and we haven't painted it.
I've contacted the garage and they say they'll get back to me.
What are my rights, I know that I should have noticed sooner and returned the car within the first few dys/weeks, but I didn't. What does this group think my best approach is with the garage, am I relying on their discression and good will, or is there some SOGA or other legal viewpoint that's in my favour.
The car is still under Ford warranty, could I prove that it hasn't been resprayed and it left the factory like this?
TIA
Brian
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"What are my rights"
Second hand car? with specific respect to mismatched paint that was there when you bought it? - None, Its of satisfactory quality or you would have noticed it when you bought it.
"What does this group think my best approach is with the garage, am I relying on their discression and good will"
Yes you are.
"or is there some SOGA or other legal viewpoint that's in my favour"
Nope - as above
"The car is still under Ford warranty, could I prove that it hasn't been resprayed and it left the factory like this?"
How would you hope to prove it left the factory like that? Its a second hand car - it could have been repaired. No seller is under any obligation to tell any buyer if a car has had minor accident damage repaired.
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If you were to sell it tomorrow, would you bring it to the attention of a potential buyer?
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Hi,
Just thought I'd let you know how I got on.
The workshop manager viewed the car and although he agreed that the paint didn't match he couldn't see an easy solution, as it was difficult to see how much needed painting to cure the problem without making it worse. As I bought the car second hand (and then owned it for 3 months!) they couldn't afford a full respray with the profit in the car.
I had to agree with this as they were being honest.
When I thought that was the end of it I asked what my options were and if they would take the car back in px (expecting them to run a mile). No problem, just choose another car, was the reply. Hang on I thought I don't want to loose thousands, but again this wasn't a problem they offered my what I paid less £500 (remember I've had the car for 3 months).
A good result I believe, a painting the car myself would have cost £5-600 and then not guaranteed to match.
Wife is happy that her new car should be the same colour, and I'm happy that Motorpoint of Burnley have been real gents.
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It's always nice to hear of a satisfactory solution to a problem. I'm sure that in a lot of instances the end result depends on how nicely you put your case. Go in all guns blazing (as a lot of people do) and you are likely to (and deserve to) get nowhere. Adopt a pleasant and reasonable approach and you'll more than likely be met with reasonableness.
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L\'escargot.
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Pleased you were happy with how everything turned out. I honestly think I would have been tempted to hang onto my £500 and keep the car, but if it really bothered you then it sounds like you couldn't possibly have got a better deal on the exchange...
Blue
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If it was my car I wouldn't have bothered about the mismatch (which was slight, hence taking us so long to notice), but it was the wifes car, nuff said?
As for what L'escargo said about going in all guns blazing, he's spot on. I knew that I didn't have a case for making them take the car back, so I adopted the reasonable approach of "what can you do to help me?". After I'd completed the deal I thanked the salesman, he then said that if I'd gone off on one demanding a replacement they wouldn't have done me the same deal.
It costs nothing to be nice, but costs a lot not to be!
Brian (with a happy wife and browny points galore)
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