Hi I am at present discussing with my solicitor the if we could reject my new Lexus IS250.( 3 weeks old 250 miles) The law states that if the car is of unsatisfactory quality as judged by ' the average buyer' then it can be rejected.
The question is if you had bought a car and within 10 minutes it developed rattles that required extensive repair..ie dash removal and now replacement Removal of front door trims and modification And lastly now taking the b posts apart to look for loose wires etc would you consider it reasonable to reject the car.
Any opinions welcome as this would help to form a case.
thanks
alan
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Isn't there something that says that a reasonable opportunity must be given to the manufacturer to rectify the problems before you are allowed to reject?
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As far as I know case law on SSG 1994, and the new Sale and Supply of Goods to Consumers Regulations 2002 which updated the 1994 Act by incorporating an EU Directive all give the 'supplier' reasonable opportunity to rectify defects before the car can be rejected. Case law used to be three attempts. I'll be happy to be corrected by a specialist solicitor on this.
HJ
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Log everuthing that goes wrong by miles and date, keep miles down. Start talking rejection as soon as you practicably can. Lexus won't want to leave you feeling bad if they have any commercial sense.
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HI No the solicitor that I spoke to said that customers do not have to accept any attempts to repair the car if the quality is deemed unsatisfactory and if general the public would agree and would not accept the car ( or item)
So it could be upto the courts to decide which could result in you having to keep the car or even pay costs if teh judgement went against you
A difficult decision Also told it varies from dealer to dealer. SOme will try a tough it out others to preserve the brand image more willing to compromise
alan
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Have you mooted it with the dealer ?
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Trouble is as soon as you mention rejection you are legally bound to stop using the car. May not be very practical.
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HI I am not using the car it is at the dealer in pieces I presume! The dealer is not prepared to talk to me at all They got Lexus to phone and advise that they do not consider the car bad enough to warrant rejection. They say they they may need to keep if for upto 2 weeks to rectify so I suppose I have some time to prepare my case
alan
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It isn't bad enough to reject and it is going to take 2 weeks to fix - doesn't quite add up, to me. What have you got as a courtesy car BTW?
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You need to be careful now. Perhaps indescrete to discuss it publically until this is resolved. No doubt Lexus people visit this site (like other car makers have been known to) and they may not react favourably to a public airing of the case.
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