Returning Car to Dealer for Refund

rodd1000

Hi guys, I recently bought a car (Sunday) from a well known franchise (not a main dealer) and the car has an oil leak. Aside from making a mess of my newly tarmac’d drive, the car just doesn’t feel right. The power steering is noisy and the turbo seems quite loud, actually sounds more like an electric motor type whine. When driven for a while these sounds calm down somewhat and probably why I didn’t pick up on it on the test drive as it had been transferred from another branch just before I arrived. I understand my consumer rights are that I can return the car within 30 days for a full refund (only had the car 4 days) if the car is faulty. Also the dealers website  states a “14 day money back guarantee” if for whatever reason you do not like the car it can be returned for a full refund.

Now, before buying the car I realised it only had one key. So I agreed with the dealer that we would split the cost to get an extra key made. Which was £90 each (Land Rover prices). Now the dealer is saying they won’t refund the cost of the key as it was an agreement made outside the sale of the car and was paid separately, even though the whole deal was done and paid for at the same time.

I know £90 doesn’t seem a lot but it is to me and I’d just like to know legally where I stand and if I should contest this?

Any advice much appreciated.

Delvey

Verbal agreement will be hard to prove
Apart from that, what is the question?
Can you return the car? By the information provided above, yes you can.
Will the dealer just accept the car back? Hard to tell, by the limited information you have provided then he does not seem like he will take it back without an argument.

rodd1000

Limited how? That’s all the information there is and I don’t think you read the post. The question is about refunding the cost of the key as part of a full refund.

Delvey

I have read the post. The post is limited because:
1) How much oil has leaked?
2) A turbo makes a whine
3) How do you know it is the power steering pump making the noise?
Did you get a signed agreement with the dealer about replacing the key at his cost?
If not, you have little chance. Just keep the key, and make him aware you will keep said key until the money is refunded

rodd1000

1) No idea how much actual oil has leaked out but there are several patches on the tarmac. I placed a piece of cardboard under the car last night and this morning it was quite wet. A single 3 inch patch and several smaller ones, were it’s obviously ran along and dripped.
2) In my experience it’s loud and I’ve owned many turbos, petrol and diesel over the years. Although im not saying there’s a fault, just that it’s noticeably loud from inside the cabin, more so than anything I’ve heard before. Again not necessarily a fault, just a little disconcerting.
3) I didn’t say it was the pump, just that it was noisy power steering. When turning the wheel when stationary and on roundabouts, sometimes the wheel is heavier to turn too, but not always.

There was no separate written agreement specific to the key cost but two keys where printed on the final agreement checklist, which was signed by myself and both parties keep a copy.

Thanks.

AMc

I'm not a lawyer - but if you did the deal in one go and paid for everything at once that sounds like a single contract of sale to me.  If the key was listed on the checklist that makes it part of the exchange.
The car is leaking oil so that makes it faulty in my mind so you're entitled to a refund under either terms.
I don't see the dealer has any grounds not to refund you on the key too as I imagine they expect you to surrender it.
It's useless without the vehicle and the vehicle is unsaleable if you don't return it.
I'd be amazed if the £90 you paid wasn't the profit on the key - or perhaps the labour in coding it.

I'm not sure how you can press this point but I think you're entitled to the £90 too.

RBZ5416

I suspect that's knackered you as you will be expected to return it.

If they're agreeing to a full refund otherwise I'd be inclined to put the £90 down to experience & make sure that in future you insist that two keys are supplied at the dealer's expense. You could maybe hint that the £90 could sway your decision to buy another vehicle from them?

Greg Hook

If a dealer has sold a car that bad, it tells you to steer clear of them.

RBZ5416

Obviously but they might be daft enough to refund his £90 if they think there's another sale in the offing.

Desmo

How much was the car?

Personally I'd take a hit of £90 if it meant returning the car without hassle. Should you have to? Not really but just keep an eye on the bigger picture.