Returning a car?

DanTheMan91

Hi lads quick question, I bought a used car about 2 and a half weeks ago from a dealer, a 01 Ford Focus, he gave no guarantee because he said never gives a guarantee on a car that old. The very first day I got the car the engine warning light came on, I have been up and down to the dealer and he has told me he put in 2 or 3 new parts, today he said he fixed it again, but an hour later the light is back on. Do I have any rights to return it and get my money back? I am sick of going up and down with the issue still not resolved. Also, the engine warning light was not on when I test drove the car.

godtabh

DanTheMan91 wrote: »

Hi lads quick question, I bought a used car about 2 and a half weeks ago from a dealer, a 01 Ford Focus, he gave no guarantee because he said never gives a guarantee on a car that old. The very first day I got the car the engine warning light came on, I have been up and down to the dealer and he has told me he put in 2 or 3 new parts, today he said he fixed it again, but an hour later the light is back on. Do I have any rights to return it and get my money back? I am sick of going up and down with the issue still not resolved. Also, the engine warning light was not on when I test drove the car.

And you still bought it?

You wont be able to return the car but I would expect the garage to repair it.

DanTheMan91

godtabh wrote: »

And you still bought it?

You wont be able to return the car but I would expect the garage to repair it.

Yes? Why wouldn't I have?

MarkR

You mean why wouldn't you buy a car with the check engine light on? Because it's an obvious fault that should have been fixed before it went on sale. All dealers have to give a guarantee. This guy sounds like a cowboy. Do you have a receipt? Does it say "as seen"?

DanTheMan91

MarkR wrote: »

Because all dealers have to give a guarantee. This guy sounds like a cowboy. Do you have a receipt?

Yes I have a receipt?

godtabh

DanTheMan91 wrote: »

Yes? Why wouldn't I have?

Sorry just after re reading it. I thought you said the engine light was on when you bought it

You have 3 options. Repair Replace Refund.

You may get a repair. It sounds like it would be difficult to get either of the other two.

biko

It seems he's exhausted the repair option since he's been to the dealer already for fixes.
I'd keep hounding the dealer until they cave and refund you.
Don't let it slide. Ring every day.

DanTheMan91

I phoned the dealer this evening and he wants to have another look at the car this week, he says he will "keep at it until he gets it right".. I think after this time I will ask for my money back if the light is still on.

MarkR

That's probably your best option. Make sure he knows this is his last opportunity to fix it. If he can't fix it, you want a refund. You can't be bringing you car back every time at their convenience for them to have a look at it when it suits them.

Good luck with it.

anthony4335

He does not have to refund you. It is not like buying a tv, by where if it goes faulty within the first month they have to offer a replacement or refund. All he is expected to do is repair it. Regardless of what he says if he is a dealer he has to give a guarantee. However I understand your position, nothing spoils your fealing for a car as something going wrong within the first week, let alone having issues with getting it sorted.

SEAN_DUB

My advise OP would to be careful. You are entitled to throw the keys back after the 3rd repair but if the guy is dodgy he will throw every obstacle in your way. Record all phone conversations, keep copies of all receipts and detailed accounts of what happened each time you went to him. I have heard of dealers getting fisty with people who keep coming back so bring someone with you as a witness.
Sorry if I am scaring you but I work in the motor industry and have heard of this carry on all too many times.
Good luck with it though.

biko

SEAN_DUB wrote: »

You are entitled to throw the keys back after the 3rd repair

I for one would appreciate a source for this, could come in handy if I'm ever in a similar situation.

bazz26

OP, did the dealer tell you what he thought the problem was and what parts he replaced? The cynic in me is thinking that there is not much profit in a dealer changing out many parts in a 12 year old car that they sold and may have just cleared the fault codes from the car's ECU. However the fact that he is trying to address the issue and some problems are not straight forward to diagnose or fix I'd give him a bit more time.

Also a note for next time, always have an independant mechanic inspect a car, especially a 12 year old example irrespective of whether it is being bought from a garage or privately, before buying it.

Del2005

biko wrote: »

I for one would appreciate a source for this, could come in handy if I'm ever in a similar situation.

It's in the Sale of Goods and Supply of Services act, that if the same fault isn't rectified in 3 attempts you can return the item for a refund.

The issue is that the vendor can just say it was a different issue every time, especially with a car and an old one at that. I know of garages taking more goes than that to fix brand new cars!

mr_edge_to_you

See below from Citizens Information website (an excellent public service website):

Buying from a dealer:

"In this situation you, as a consumer, are protected by the Sale of Goods and Supply of Services Act 1980 as you are buying a car for your personal use from a person whose normal business it is to sell cars. As a consumer you have the same rights if you buy an item second hand as if it is new. In this case if you find a fault with the car after you have bought it the dealer is the person who must set matters right. If you buy a commercial vehicle or a tractor from a dealer you may not have the same protection under the law. If you are offered an extended warranty on a used car think about the cost of the warranty versus the cost of repairs that the car is likely to need.
Sellers have responsibilities such as giving accurate and truthful answers to the questions you ask. Information on a seller's responsibilities in car deals is available on the National Consumer Agency's website.

If you have a problem with a used car that you have bought you should, in the first instance, bring the car back to the garage or dealer who should be able to repair any problems that you have. If you have done this and are still dissatisfied you can then take your complaint further. If the dealer is a member of the Society of Irish Motor Industry you can use their Investigation and Complaints service. You need to contact the SIMI within three months of the fault becoming apparent."

Pottler

O.P, why don't you just go fix it at your own garage? You entered into a deal where he said he would not give a warranty, you went ahead and bought it. Again, another thread "I bought an old car and somthing went wrong with it, boo hoo".

Man up and fix it yourself - you bought it without a warranty...as is...you are the one going back on your word, not the dealer. If you buy a 13 year old car, it will need repairs, that's life.
These threads drive me nuts, and I pity car dealers having to deal with people who think a 13 year old car for buttons should drive like a new one and never have a fault. Twenty others will be on in a minute with advice about sueing, refunds etc etc. Jasus.

mullingar

A jaysus, another thread on buying a no warranty car from a dealer.

The sale of goods act gives all consumers the right to repair, replace or refund if the goods are not of reasonable quality. In this instance, the car showed a fault very soon after purchase, so is covered by the Act as the car became faulty within a reasonable time as defined within the Act.

There is no fixed time stated in the Act for the duration of cover of second hand goods from a dealer to a seller as it only states that the goods must be of reasonable quality.

The seller must decide on which of the 3 options to give to the buyer he must follow. So it could take 10 repairs, but it must be completed in a reasonable period.

It is illegal to sell a car "sold as seen" to a member of the general public from any dealer. The only way to legally sell a car with defects is to write them all down on the receipt at time of sale so the buyer knows the full list of faults so the dealer is protected under the Act

OldmanMondeo

OP, had a focus years ago, "Someone" removed the engine management light. Coil pack had gone, ended up burning the cat out. Is it running rough? Using a lot of fuel?

DanTheMan91

Hi lads.. the dealer had my car for a few days and he phoned me this morning to collect it. When I went down to collect it the dealer himself was gone on lunch break but the mechanic told me the problem was solved and gave me the keys. When I started the car all the lights on the dash came on EXCEPT the engine warning light I had since I bought it. I taught this meant he must have just taken out the bulb so I brought the car to a garage and they checked and said yes he just removed the bulb and the car isn't firing right, the garage told me come back at 5.30 this evening when it is not as busy.

Any advice on what I should do? I am not happy and I think I will just go back to the dealer and demand my money back.

kennryyr

You wouldn't believe how common it is for dealers to do exactly this - remove the engine warning light and try fob you off. Go back and demand he fix it properly which you can verify by your own mechanic, or that you will get the car fixed properly and he can fix you up for the bill.

IK09

hahaha ur some patient man, go back and hand in the keys, get ur money back. Its one thing him taking the car in and doing some repairs. Thats grand.

But trying to make a fool out of you like that by taking the bulb out isnt just disrespectful, its fvcking insulting

Henry Ford III

mullingar wrote: »

...It is illegal to sell a car "sold as seen" to a member of the general public from any dealer....

It most certainly isn't.