Can I 'reject' a car? Or other options?

[CrispyTheCrisp]

On Friday i bought a second hand car from an independent specialist dealer. On collection i was a bit peeved that there were no mats in it (surely all cars have mats?) and also that there was only one key (car says it has 2 keys registered to it)

So, i get them to find me a set of second hand mats (which don't fit but hey ho) and they agree to try and get the other key from the previous owner (lease company) and if not get another cut at trade price of £80.

Yesterday i noticed the car had a nick in the tyre. Now this could have happened since we bought it but the car was only driven twice and neither DH or I are aware of hitting the tyre. So, i suck it up and think 'bad luck' and we have a new tyre on order

TOday i go to fit the Isofix seat i have bought and found there is no Isofix which they told me it had fitted. So now I am . I know i should have checked it but i believed their car details

So, does anyone know if i have any rights to either:

1. Reject the car
2. Get them to fit Isofix retrospectively?

I do not have a copy of the car advert so unfortunately their word against mine? . I am going to write an email and threaten Trading Standards but would like to know any other options i may have

I am seriously out of love with my new car now

Any advice gratefully received

Ok, so this is the email i have drafted. any thoughts, please????

On Friday 2 July 2010 I purchased a xxxx from your garage. On collection I was disappointed with a number of aspects of it which I discussed with xxx:

• Car being supplied with no mats which I was very surprised at having bought a number of cars from garages previously, all with their mats included. I asked if there were any second hand mats available and was provided with some non fitting rubber mats which I will have to replace at my own expense.
• Only one key being provided. The car shows that there are two keys registered to that vehicle and hence we need the other key for insurance purposes. xxx agreed to contact the previous owner (lease car company) and try to retrieve it. If this was not possible he agreed to get another key cut at trade price. However this is another cost to me.
• On getting the car home we noticed a nick in the rear tyre which is having to be replaced. Once again at cost to me. My husband drove the car home and is certain that there was no impact on this tyre during the journey.
• Finally, and most upsetting, is that the car was advertised with Isofix. In fact this was one of the main reasons I chose the vehicle. Today on attempting to fit a new Isofix seat I had purchased, I found no Isofix attachment points in the rear of the car.

As a result of this list of problems I am sorry to say that I would like to reject the vehicle under the Sale of Goods Act as it is not as advertised (Isofix) and is currently incomplete without one of its registered keys. I would appreciate it therefore if you could contact me on xxxx to sort out arrangements.

argh! i'm no good at this kind of thing but i'd say, try and take the emotion out of it and stick to facts.

where was the advert you saw? if online, can it not be retrieved from your computer? eg a cached page of their site? if not, Could you request a copy of it without letting on why you want it?

Focus on the latter 3 issues. The mats , though annoying, weren't stated as included, aren't really a significant cost or loss to you and they did produce some for you at the time.

Ideally you need a copy of the ad to demonstrate that isofix was misrepresented, assuming you relaly have double cheked (sometimes it is buried deep behind the seats or accessible by removing a panel of upholstery). I don't think fitting it retrospectively is really an option, would you have still bought the car without? I'd expect them to sort the key and tyre out of goodwill, but have you ordered it elsewhere though as that may compromise your claim.

i agree with Lizs. mats annoying, but not end of world. key should definitely be sorted by them at their expense and i would expect them to do tyre as well as goodwill

but, if you're returning the car to them then whether or not they're going to supply key/tyre/mats doesn't matter. You bought a car that is not as advertised and therefore you are returning it. do they have a returns policy?

Thanks guys. Not sure about returns policy but will check. I was just going with the sale of goods Act. Unfortunately i have no copy of the advert as I just went to see them and they had the bits of paper with the spec on inside the cars.

I think i will phone them tomorrow, ask them where i should check for teh Isofix - i think I have as i folded down the seats and moved the fabric bits but will double check. Then i will relay the issues, see what they say and if nothing, then send the email

Lizs, apparently they can retrofit the Isofix as i was talking to the main dealer about it. I will remove the emotion and mats bit and concentrate on the other 3 if it comes to it after the call

Thankyou for giving me a bit of perspective on it

What car is it , maybe a Mnetter can help ?

It's a Volvo V50. 2007 model, when Isofix fittings switched from optional to standard. I am cross with myself for not checking. Great thing hindsight

As you bought the car from a dealer it must be roadworthy, match the description and be of satisfactory quality taking into account its age and price. If they said it had Isofix fittings they must be present and correct.

Looking at the issues you've raised:

• The mats are a bit of a non-issue. Not all cars have mats - mine doesn't and I've owned it since new. If they didn't say it had mats and there were none present when you saw the car, you don't have much of a case.

• The nick on the tyre is hard to prove one way or the other. It may have been there when you bought the car, especially if you didn't look closely at the tyres, or it may have been picked up since. However, as you haven't had the car very long the onus is on them to prove that the nick wasn't there when you bought the car.

• The second key is an issue in that it may affect insurance. I'm not sure that getting another one cut will keep your insurance company happy. I think they would prefer to know that there isn't another key for this car out there. Having said that, the dealer didn't describe the car as having two sets of keys nor can it really be said to make the car of unsatisfactory quality so I doubt this on its own would give you the right to reject the car.

• The missing Isofix fittings is clearly an issue if you can prove they described it as having these fittings and they are genuinely missing.

You have the right to reject the car, although the dealer probably won't make it easy for you to do so. However, if the Isofix fittings are actually present your case for rejecting is pretty weak in my view. As an alternative you may want to try and negotiate a discount from the dealer.

Thanks prh . The car can be programmed to accept only certain keys so the insurance should be satisfied, but they like to know the whereabouts of each registered key

The Isofix is the biggie for me and i need to not let all the other 'niggles' cloud the issueb

Not sure I would mention the mats at all. I have never had a set of mats supplied with any car we have bought. It's always one of the negotiation points with the dealer i.e. "well, if you can't reduce the price any further, surely you are going to throw in a set of mats and fill the tank with petrol?" type of thing?