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I bought a classic car described as 'immaculate' but it has many faults - can I return it and get a refund?

I bought a fully refurbished 1972 MGB Roadster seven days ago which was advertised as immaculate, in as new condition, mileometer reset to zero, essentially a new car. I have had a thorough independent investigation carried out which has revealed many faults, some dangerous. It is very far from as advertised. Can I legally get a full refund under the Trades Description Act?

Asked on 24 May 2019 by Denis Kearney

Answered by Keith Moody
To a large degree, this will depend on where you bought it from. When purchasing a classic car from a dealer, you are covered by the consumer rights act. This means your purchase must be of satisfactory quality, fit for purpose, and as described. However, this is a very grey area - but if you are paying over the odds for a car described as being 'as new condition' then you can reasonably expect it to be better than a restoration project for sale at a third of the price. Under the act, you will be able to reject a car within 30 days - and you don't have to give the dealer an opportunity to fix the problem. After 30 days, the dealer has one chance to fix the problem before the seller can ask for a discount or return the car. However, if you bought the car at auction, then you often find that the devil is in the detail and the paperwork you've signed includes you waiving your consumer rights. If you've bought the car privately, then the vehicle should accurately match the description given by the seller and the car must be roadworthy if advertised as such. If you feel you were mis-sold a used car from a private seller, you can try to take your case to the Small Claims Court. You would have to prove that the seller knew about a fault before selling the car to you but chose to withhold the information. The first thing to do is to contact the seller directly and try and resolve it amicably. Be as prepared as you can - have all the notes to hand and, if you can, take as many notes as possible during the conversaion.
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