Refunding newly purchased new car to dealer

[legalfun]

Hope this is the right sub.

Just bought a car from a private dealer. I'm really not great with cars but needed one.

I did the checks I remembered to do. But the keys I never checked - the car was also unlocked for me. Both key fobs (2 keys advertised) - one works sometimes and the other not at all. I told the seller and he fixed one though issues persist so I'll inform him again tomorrow. The other key, after much insistence, will be fixed/replaced (key left with him).

Another issue is the car with advertised (I have saved it) with full service history which makes a difference to the car value and being able to confirm what work has been done. But there is no history at all. Something I need to check again, maybe they forgot.

I viewed the car and it was filthy but they told me they would give it a clean when purchased. They did clean it, so when I picked it up, it was wet. An hour or so later and I can see all the deep scratches, much more significant than the two times I viewed it and the pictures. There also seems to be more loose bits like bumper not fitted properly than I originally thought.

I would say they aren't major issues but a missing service history and non-working keys are.

Do I have a right to a refund if the keys aren't fixed properly/no service history is available as it was mis-advertised? I paid a little amount by credit card and then rest by debit.

[des8]

Please clarify what you mean by a "private dealer".

Was the seller a private individual selling his own car or a sole trader ie an individual running his own business selling cars

[legalfun]

Sorry, individual/family running a business.

[des8]

Consumer Rights Act 2015 requires goods to be as described.
If they are not the consumer has the right to reject the goods and obtain a full refund.

In the first instance you need to tell the trader if you wish to reject the goods (confirm in writing ... email or snail mail sent with free certificate of posting from post office)

If they refuse you could then make a sec 75 claim against the credit card issuer which should be a lot easier than going to court

[legalfun]

Thank you.

I did end up finding the service history. But not only is it not complete, it hasn't had a service in 3 years.

And of course the issue with the keys. They did actually try to repair one key and said it's all good but problems persisted with it.

Do I need to give them a chance to rectify? Or can I just reject it? They can't rectify the service history anyways and it plays a decent role in valuation.

[des8]

You could possibly reject it, or even look for a partial refund to reflect the difference in value. Depends what you want and how serious the problems are.
Are you happy with the vehicle but just feeling ripped off?

you haven't mentioned any values, price paid, when purchased, vehicle age and mileage etc; all points which have a bearing on your best way forward

what was/is the problem with the keys?

[legalfun]

6k car, 42k mileage, 12 year old car.

Couldn't lock/unlock the doors reliably with the key.

Bit of an update though - I decided I was going to return the car due to the reasons I listed. On my way, the coolant started leaking (the coolant light was on when I first checked the car but the dealer said he just refilled it and just needed to reset the light). So there was also an issue with that and the light come back (I could hear the coolant leaking as I was driving it back).

They declined the return as they needed to confirm the leak and disregarded the other reasons and said consumers right act didn't apply. Obviously this is nonsense but they also said if I did return it due to the leak, I would have to cover the cost of repairing the key they repaired for me - is that true?

I've already raised section 75 with my bank but it could take a while.

[des8]

So now write (obtain free certificate of posting from PO) to the dealer confirming rejection of the vehicle under your rights acquired under the Consumer Rights Act 2015 as it did not conform to contract..
It was not satisfactory due to keys, coolant leak, nor as described as full service history incomplete.
They were given a chance to bring the car to a satisfactory condition, but failed.

I would warn them that if satisfactory response not received within Xx days you will initiate a county court claim without further reference to them

They can whistle for the cost of key repair!

[legalfun]

They wouldn't admit any sort of wrongdoing/liability and said they didn't need to refund me when they found a fault with the coolant but decided to just refund me to close the matter...

They refunded me in full but can I make a claim for the fuel and tax I had to pay?

[des8]

you can try, but is it worth the effort?
don't underestimate the stress of court action.

anyway, congratulations on obtaining a full refund within a week.
Many in your position have to fight for it through the courts, and if lucky receive payment after 9 months or more!

[legalfun]

I think I will try through my credit card company, it's not a major amount but not throw away money either imo.

Thank you for all the help. Whilst they did not admit anything I think it sealed the deal when the coolant started leaking on my way to return it. Certainly am lucky as you said.