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Awful Smell in Recently Purchased Car

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  • Awful Smell in Recently Purchased Car

    I recently purchased a car for my wife from a car dealer.
    We went to see the car and there was a strange smell in the car.
    I queried this with the dealer and he told me that it was a problem with the AC and that it would be taken care of before delivery should I purchase the car.
    I liked the car and purchased it on the understanding that the smell would be taken care of before the car was delivered to me.
    When we received the car the smalt very fragrant as the dealer had put a 'AC Bomb' to clean out the air conditioning.
    After a few days the smell came back.
    I have paid for the car to have a valet but again the awful smell will not go away.
    My wife dislikes the smell.
    The car was only delivered to us around 10 days ago.
    Could someone please let me know what my rights are?
    I paid £10,000 for the car. £500 of this was paid using my credit card.
    Tags: None

  • #2
    You should contact the dealer to let him know the bad smell has returned and you want to reject the car, as the smell is obnoxious and the fumes may be a hazard to health.

    When the dealer told you the problem with the AC would be fixed before delivery, you fairly assumed he meant it would be a permanent, not a temporary fix.
    This statement by the dealer before you paid for it, enticed you to buy the car.

    The dealer has failed to permanently fix the fault and misrepresented the contract. IMO you are legally entitled to reject the car for a full refund

    If convenient, you could take the car to another garage such as Halfords Autocentre for a second opinion regarding the cause of the smell

    Please read "Misrepresentation Act 1967" at www.which.co.uk
    You should write to the dealer asap to prevent affirming the contract
    If the dealer had no real intention of fixing the fault, the misrepresentation could be fraudulent
    Last edited by Pezza54; 5th June 2025, 14:37:PM.

    Comment


    • #3
      Thank you PEZZA54, I used your response along with a template I downloaded from the internet. The dealer has accepted full responsibility for the smell. He has ordered a new carpet for the car and will swap out seats from another car. These new seats are of a better trim level. He has also told me in writing that, after all these changes, if the smell does not go away, he will give me an unconditional full refund. I am on day 10 of my 30-day right to reject and have been told that legally, my right to reject freezes on day 10 and day 11 is the first day I get the car back. I don't think the dealer is playing games, but I did point out to him that I paid £500 on my credit card, hence giving me Section 75 cover just in case it was required. My wife says 'Thank you' for taking the time to reply - the car is a birthday present for her.

      Comment


      • #4
        Your appreciation is appreciated.
        You have been told correct. The 30 day period stops running when the fault is reported. When the vehicle is returned from the dealer, the clock starts running again.

        The dealer originally thought the AC was the source of the smell. Have you put your nose to the air vents to see if the smell is coming via the vents or do you agree with the dealer that the problem is the seat fabric and carpet (damp musty smell)?

        Comment


        • #5
          Originally posted by Pezza54 View Post
          Your appreciation is appreciated.
          You have been told correct. The 30 day period stops running when the fault is reported. When the vehicle is returned from the dealer, the clock starts running again.

          The dealer originally thought the AC was the source of the smell. Have you put your nose to the air vents to see if the smell is coming via the vents or do you agree with the dealer that the problem is the seat fabric and carpet (damp musty smell)?
          I am not sure as the car is with the dealer. The smell was worse when the car had been left over night. I will do a sniff test when I get the car back

          Comment

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