Used car dealership unable to fix recurring issue

[lilyaaa]

so over a year ago, my mum bought a second hand ford car from a local well rated family run dealership.

Literally 5 minutes after buying, a warning light flashed up on the dashboard - to do with oxygen emissions. My mum immediately took the car back for them to check it, and they said 'oh its just a warning light, it'll flash off soon’. The light didn't go off so they used a tool to find out what the issue was.

They said it was a connection issue, and they would replace it. They have a deal with a local garage and replaced it and the warning light was still on, they then said that it was because it wasn't an official ford part, so they'd try with a ford part.

The light was still on, and the MOT was coming up. We found out that the car wouldn't pass the MOT if the light was on, they temporarily turned the light off, so the car could pass the MOT.

The light came back on AGAIN, to which they said that it was from a dodgy batch of ford parts so they replaced it with ANOTHER ford part.

The light is on again, so my mum took it to a different garage to which they said that it could be any parts around the area rather than the sensor (considering its been replaced 3 TIMES, so clearly isn't the issue)

When my mum spoke to the dealership again, they insist that it is the sensor, and haven’t been too forthcoming with getting it sorted.

The MOT is due in less than a month, and so have contacted the dealership again. Is there any legal leg to stand on if they continue to not properly sort the issue of the car, or if it fails its MOT?

We’re really sick of having to sort this out, and feel the car isn’t satisfactory.

Has anyone had a situation like this??

she could have rejected the car outright in the first thirty days. After that there is a further three months where if the fault can be shown to exist at the point of sale, then the garage can be given opportunity to sort it out.

Seems to me that the garage did try and sort it out but failed.

So you can go to another garage to have the matter resolved, and ask the garage that sold you the car to reimburse the costs, since by their own actions they have acknowledged that the fault existed at the point of sale.

The only recourse you have is to issue proceedings in the small claims court if they refuse to pay for the repair.

Having said that i am neither a mechanic or a lawyer so not sure that the fault is one that falls within the 2015 consumer rights Act

The previous poster is not quite right. Your mother had 30 days to reject the car, but there is no time limit on the right to a repair or replacement. As the dealer has had multiple attempts to fix the issue and has failed, your mother has the right to a price reduction, or she can reject the car and receive a refund less a deduction for the use she has had of the car. The dealer may well say this is not true - many car dealerships have a poor understanding of the relevant law. But this is what she is entitled to under the Consumer Rights Act.

I looked into this extensively due to a legal fight with a used car company where I won, and with used cars, part of the issue is that they should be fit for purpose at the time of sale but the longer you leave it after buying, the less of a strong argument you have for it being the dealer’s problem to fix. Used cars aren’t exactly the same as new items and in practice it is difficult to prove that the condition was pre-existing i.e. not wear and tear. If you have paperwork proving this then you are in a good position. After a year of owning the car, when they have demonstrated they can’t fix it, you are unlikely to get anything better than a trade in price against a different vehicle or for them to buy it back (minus depreciation).

It sounds like it was clearly a pre existing issue when they sold it and it's a design flaw not wear and tear since you had the vehicle. They sold a faulty vehicle and have not been able to fix it. Tell them you want to return it first and see what they say.

I'd also Google the make, year and model to see if others have had the same issue and got any satisfactory solution. There are often car forums where people talk about this stuff.

What sort of dealership is it, franchise, or a family run business that sells second hand cars?

Franchise places hate negative publicity and they hate people going above them to the manufacturers social media. She should.have rejexted the car within the forst month, having kept it for a year will have muddied the waters a bit in terms of what she can do now. Her best and probably most realistic option, assuming the dealership isn't a Franchise, would be for them to take the car back at trade in value for age and mileage (ignoring the warning light) and exchange for another car (if she still wants to do business with them). Taking this to court would be very awkward. The garage would say it's the DPF/GPF or Cat, and claim it wasn't covered by warranty and they did what they could as a gesture of good will. She needs to have a chat with them about returning the car first.

Whether it is covered by warranty is irrelevant. OP can show that the car was faulty and the dealer has had multiple attempts to fix the issue and has failed. She therefore has the right to reject the car and receive a refund. The garage arguing that it wasn't covered by warranty and that what they did was a goodwill gesture will not carry any weight with the courts.