AIBU to want a refund for a dangerous second-hand car?

[Secondhandcarhelp]

I bought a second hand 2013 Audi a 3 from a dealership on Friday and I've had nothing but problems. When I got it home the engine wouldn’t start twice, once outside Tesco then secondly at the petrol station, I rang the dealership who said try the spare key which worked as the main keys battery had ran out. Reverse is gear 1 but pushed down first and the car is randomly going into reverse when I’m in gear 1 trying to pull away which lead me to almost smash into another car. My partner also drove the car and he found the same problem as I thought maybe it was just me accidentally putting it into reverse but it’s happened to him multiple times. The passenger seatbelt also keeps coming undone and won’t click in properly. The marks on the back of the car the dealership said they would sort but when ive looked the car is cream they have covered them in what looks like white tip ex and the front bumper is all damaged when you look closely ( I know I should have spotted the cosmetic problems before I left the garage ). I took my car to my partners garage he said that the gear box is dangerous so therefore Im not driving the car and having to get taxis to and from work. I rang the dealership yesterday to tell them about these problems and all I got was ring back Monday the boss isnt in. I part exchanged my old car for £500 and paid the rest via bank transfer.

I do not feel safe driving this car, does anyone know how where I stand about getting my money back as I don’t trust them to fix these problems ( went on garage reviews and lots of the same type of problems )
my partner did test drive this car and no issues came up then and the garage said it would have a full MOT and service before I picked it up. I have been saving for 3 years to be able to afford a car like this I know it’s not the end of the world and theys a lot bigger problems but I’m gutted

thankyou

You’re not being unreasonable but I am not sure legally where you stand. It isn’t unreasonable to take it back or to ask them to do the work needed to make it safe. You probably do have consumer rights here. Could citizens advice help?

Legally you’re on solid ground if you bought from a dealer.

google the consumer rights act. Basically you can get a full refund in the first 30 days for any problem as it’s deemed to have been there on purchase. They dealer can’t refuse this (and if they do you may have to take them to court via money claims but you would 100% win and they know this )

in the first 6 months any problem must be fixed by them, but given you only bought a few days ago I’d get a full refund.

It sounds more like you don't know how to operate your gears.

You're not going to get a refund for a low battery on your key, nor paint blemishes.

I actually do know how to use my gears thankyou, as I said at first I thought I had made a mistake but when it also happened to my partner and his friend at the garage all doubt about me not being able to use my gears was gone.

Have you read the post?
a third party has identified an issue as dangerous. In addition all the other issues clearly meet the threshold of not being as advertised, or not fit for purpose.

op I don’t doubt the dealer will fight and be difficult but you totally have the law on your side here. Under the law they must refund you

I seem to remember there is something important about NOT agreeing for them to try and repair the faults. Basically you just want a full refund and do not agree to anything else.

Others have given good advice. I also recommend speaking to your local trading standards service (ours helped us with an issue with a new car too). Be aware of your rights and quote the law to the dealer, put your issues to them in writing as well so you have a paper trail. They'll probably try to bluster but when they realise you know what you're talking about they'll fold.

Search up previous posts on this by prh47bridge. He is amazingly knowledgeable about consumer law relevant to buying cars. I believe you have every right to your money back, basically.

They may well say you damaged the gear box the first time it went into reverse when it shouldn't have, if it tried to change from second to reverse (instead of first) for instance. And you didn't find the problem during the test drive. Did they service and MOT it and what problems were noted? You can but try but it may be difficult to prove it was a pre-existing problem.

The seat belt they should fix, the key fob battery and scratches not well touched in are not very serious complaints.

They don’t need to prove it was a pre existing problem.

as per the law they can reject in the first 30 days for any problem that means the car was not as advertised or fit for purpose. The problem is deemed to have been there on purchase.

then for 6 months the onus is on the dealer to prove a problem WASNT there on ourchase, and if they can’t do that they have to fix it (once. If it comes back the buyer can get a refund)

How much was it, was it sold with a warranty, service history etc.

Unfortunately its a 13 year old car at the end of the day.

It doesn't matter that it's 13 years old - if you buy from a dealer then you have protection in law.

If you return a faulty car soon after you bought it, the dealer is legally obliged to repair, replace or refund. They can't refuse unless they can prove in court that you caused the faults.

MSE link

https://www.moneysavingexpert.com/car-finance/buying-used-car/#rights

Agree with others, you’ve got the right to reject the car for a full refund at such an early stage. I would do so in writing stating you’re doing so in line with the Consumer Rights Act 2015 because there are a number of faults and the car is of unsatisfactory condition and not fit for purpose. Don’t drive the car anymore. Don’t fobbed off with any Arthur Daley “sold as seen” or offers to repair.

The garage would be very silly to be obstructive but if they are get your DH’s garage to do a report of the precise dangerous faults and remind the garage that selling a car that is unroadworthy is a serious criminal offence under Section 75 the Road Traffic Act 1988. It probably won’t come to that but I have found it helps focus their minds. Selling an unroadworthy car as a private seller is also a criminal offence whether the private seller knows about the faults or not so you don’t want to keep a car like that and try and offload it (not that that’s your plan!).

If the faults are dangerous I’d be inclined to report it to Trading Standards as it’s unlikely to be the first dangerous car they’ve sold and even if it is the first time, one dangerous car sold is one too many.

Ah yes because no dealership has ever sold someone a dodgy car before. Must just be OP’s incompetence 🙄🙄🙄🙄

CAB

Thankyou for the advice everyone

If you want to return the car, you have a right to reject it within the first 30 days after purchase, so I would ring the garage and see what they say regarding this as the first step.
A few options for advice and help if you need it are; Citizens Advice, legal cover through your home insurance if you have it, or your bank or credit card depending on how you paid.
It can be a long process if the garage are obstructive, but I would communicate with them first and go from there.

It absolutely does matter how old it is. What would be an acceptable fault in an old cheap car would be a valid reason to reject a nearly new expensive one. Maybe not relevant in this case if there is a serious gearbox issue, but worth noting.

A car sold by a dealer has to be safe and fit to drive - that is the law. I wouldn't accept any mechanical fault in a car no matter what age it was.

Yep, that doesn’t mean you can reject any car for any fault though.

My son has just had a similar issue with a second hand car. It was declared unsafe when he had it inspected independently. He was refused a refund so ended up taking the dealer to the Small Claims Court.
He asked ChatGPT how to go about taking someone to court, followed the advice given and kept detailed records of everything he did. He won his case. Nobody from the dealership even bothered attending court.

Actually, you can - if a car is faulty, unfit for purpose or not as described you are entitled to a full refund. The age of said car is irrelevant.

Wrong! Age and mileage are absolutely taken into consideration. Major and safety related faults are one thing but as I said you can’t reject any car for any fault. A 1 year old 10k miles car will be held to a different standard than a 10 year old 120k one.

And OP’s car is quite clearly unsafe so I’m not sure what your point is

Whether a car is 13 years old or 3 years old, it needs be to safe to drive which this one clearly isn’t.

Also if it was sold with two working keys and doesn’t have that, she has a right to reject it on that basis too - as vehicles bought from a dealer must be sold as described.