Conditional refund- is it legal?

[Damixa]

Hi
I returned a 60k car to the main dealer due to the fact it was supplied to me countless issues and broke down on me within the first few days. This is not contested and I returned the car and received an email stating the refund will be paid. No problem, I thought!!

then I received an email with an attachment for me to sign admonishing the main dealer from any responsibility for the cars faults and asking me to agree not to sue them for anything to do with the car sale.

I refused to sign and as of today 28 July have not received my refund or further communication from them.

The car was bought entirely online and was returned before 30 days ( before 14 days in fact)

is this type of conditional refund legal?

[R0b]

When you refer to a conditional refund, I'm assuming what the car dealer is doing is offering you a settlement subject to certain conditions, which is not unreasonable and the question is whether or not you want to accept those terms.

Having said that, what you've described sounds like they are trying to qualify any refund by asking you to sign something after the fact. If you have returned the car and they have subsequently agreed to refund you the money by email without conditions, then you should be entitled to that refund. They are essentially trying to withdraw from that agreement to refund and substitute it with new conditions which I'm not sure would fly if it was put in front of a judge especially since they have retaken possession of the car.

Did you buy the car as a consumer or was it a business purchase?

[atticus]

Yes. It is your decision whether to accept those terms.

As a matter of interest, what other claims might you have considered pursuing?