Rejecting a car with faulty airbag

[Alan16]

Hi all

i'm new here and hope this is the right place for my question. In short I viewed very briefly (as the weather was horrendous) a s/h car. I then signed a form (and paid a deposit) to which I had added to the form "subject to inspection". I noted later that the form said I had inspected and driven the car. The reason for insisting on adding subject to inspection was because the inspection was cursory at best due to the weather and I had not driven the car for the same reason.

Back home the next day I noted on an MOT history that the car was subject to a safety recall. I informed the dealer by email next day. On the manufacturer's website it was shown as an airbag issue outstanding. On activation it might cause a scatter of metal fragments and cause serious injury or death!!!

i now (a week later) don't want the car and my deposit back. What are my rights? Can I get my money back - I have not yet taken delivery. Additionally the car was described as having excellent bodywork. But the inspection I had arranged revealed that the rear wheel arch had been damaged and poorly painted. Is this excellent?

Any help/advice would be greatly appreciated.

Thanks

Alan16

[des8]

hi and welcome

It's an offence for a motor dealer to sell a car with an outstanding vehicle safety recall.

This is a safety problem and renders the car unsatisfactory.
There can be no disputing of the fact

You can therefor exercise your short term right to reject the car (especially as you have not yet taken delivery) and receive a full refund
(consumer Rights Act 2015)

If the dealer gets arsy tell him you will report him to trading standards

[paulajayne]

Has the recall repair been done?

[Alan16]

Not yet. Nor has the dealer replied to my email. Probably like a good friend of mine who had a maxim "If you don't say anything you can't say anything wrong."!

[Alan16]

hi and welcome

It's an offence for a motor dealer to sell a car with an outstanding vehicle safety recall.

This is a safety problem and renders the car unsatisfactory.
There can be no disputing of the fact

You can therefor exercise your short term right to reject the car (especially as you have not yet taken delivery) and receive a full refund
(consumer Rights Act 2015)

If the dealer gets arsy tell him you will report him to trading standards

Thanks. That couldn't be clearer.