Do I get legal advice? New car damage
Discussion
I purchased a brand new vehicle from a dealership from a distance, it was all done over the phone due to it being far away. I signed an order form and finance agreement and the car was delivered to me. The next day I inspect the car during the day (was at work when it was delivered and didn't have enough time to inspect). I find that there are several major paint defects that are unacceptable. I immediately call the dealer who try to say it's a warranty issue but it's not, the paint looks like it's been damaged, like acid drops or something and the paint has dissolved in areas. I then take it to a professional paint inspector from a Toyota dealer and they claim it's unlikely warranty will pay out due to the damage, he claimed "that looks like it was done externally". I then call Toyota GB/UK to raise an official case who just put me back in touch with the supplying dealer ... who won't budge saying it's all warranty, which I have a report saying it's not. I now feel stuck and not sure what my rights are?
I would accept a repair to a professional standard but the supplying dealer is 400 miles away so can't be them. Am I entitled to rejection or a new vehicle if I needed?
Thanks.
I would accept a repair to a professional standard but the supplying dealer is 400 miles away so can't be them. Am I entitled to rejection or a new vehicle if I needed?
Thanks.
JB33 said:
I purchased a brand new vehicle from a dealership from a distance, it was all done over the phone due to it being far away. I signed an order form and finance agreement and the car was delivered to me. The next day I inspect the car during the day (was at work when it was delivered and didn't have enough time to inspect). I find that there are several major paint defects that are unacceptable. I immediately call the dealer who try to say it's a warranty issue but it's not, the paint looks like it's been damaged, like acid drops or something and the paint has dissolved in areas. I then take it to a professional paint inspector from a Toyota dealer and they claim it's unlikely warranty will pay out due to the damage, he claimed "that looks like it was done externally". I then call Toyota GB/UK to raise an official case who just put me back in touch with the supplying dealer ... who won't budge saying it's all warranty, which I have a report saying it's not. I now feel stuck and not sure what my rights are?
I would accept a repair to a professional standard but the supplying dealer is 400 miles away so can't be them. Am I entitled to rejection or a new vehicle if I needed?
Thanks.
Yes go for it, along with all the aggro of trying to sort it out, which will inevitably take many months to sort out.I would accept a repair to a professional standard but the supplying dealer is 400 miles away so can't be them. Am I entitled to rejection or a new vehicle if I needed?
Thanks.
Purchasing a brand new car from a dealer 400 miles away(! seriously???), one would have spent 20 minutes looking it over, if as you say, the major paint defects were that bad, you would have spotted them easily.
More the point, why not just take it to your local dealer to rectify?
To be fair I've purchased a brand new car (on a PCP) remotely, supplying Nissan dealer was in Sunderland as they're the ones that had a deal with the leaseco, they dropped the car off at my work (midlands), never met them and it was all very easy. I don't think it's unreasonable in this day and age when buying a NEW car.
Having said that, I think the dealer can reasonably expect that if you signed the car off on delivery (or chose to not inspect it by not being present), then if there is a defect that you think is on them to rectify, that you need to take the car to them.
If it's just a couple of bits of smart repair, just get them done locally, and that's the cost of being 400 miles from the dealer who would rectify it. If as you say this isn't a warranty issue, then Toyota UK have no involvement in this, they're right it's for the supplying dealer to sort out.
You can exercise your 14 day distance selling rights all you want, but under that you'd be liable for the return costs anyway which would run you couple hundred quid.
If the dealer is part of a bigger group, ask them if they'd allow a smart repair by one of their other more local franchises?
Having said that, I think the dealer can reasonably expect that if you signed the car off on delivery (or chose to not inspect it by not being present), then if there is a defect that you think is on them to rectify, that you need to take the car to them.
If it's just a couple of bits of smart repair, just get them done locally, and that's the cost of being 400 miles from the dealer who would rectify it. If as you say this isn't a warranty issue, then Toyota UK have no involvement in this, they're right it's for the supplying dealer to sort out.
You can exercise your 14 day distance selling rights all you want, but under that you'd be liable for the return costs anyway which would run you couple hundred quid.
If the dealer is part of a bigger group, ask them if they'd allow a smart repair by one of their other more local franchises?
I got the car 400 miles away as it was the last one in the UK and no new ones are being made. The car was delivered on a truck and I felt I didnt have the time to inspect as he was on the road blocking it, got me to sign and take delivery, I did look round it and looked ok at first glance but upon further inspection it was clear there was some damage.
My Dad had a very similar experience recently with a new CRV - paint issues that sound a lot like yours.
He returned to the dealer, showed them and then rejected the car. They agreed it was unacceptable, offered a repair (which he declined) then let him continue to use it until its replacement arrived 6 weeks later.
He returned to the dealer, showed them and then rejected the car. They agreed it was unacceptable, offered a repair (which he declined) then let him continue to use it until its replacement arrived 6 weeks later.
craigjm said:
FWIW said:
kiethton said:
If you never stepped into the dealership and did everything remotely it would fall under distance selling regulations. You have 14 days to return the car for a full refund
SEOT.But I've been on forums for decades and never heard it, had to look it up. Not a very good acronym when evidently very few people have any idea what it means!
Huff and puff all you like, but you had the option to inspect the car before signing for it. You chose not to.
You now have a whole heap of aggravation to get the dealer to accept any responsibility, which they won't. Because they will rightly say you had the opportunity to inspect before you accepted the car. And as others have said, how can you prove you didn't cause the damage?
Either live with it or pay for the repair yourself. It is not Toyota's or the dealers responsibility that you didn't check the car properly. It would be reasonable to spot such obvious damage with a quick walk around if it's as bad as you say.
Post up some pictures for the PH massif to hold court.
You now have a whole heap of aggravation to get the dealer to accept any responsibility, which they won't. Because they will rightly say you had the opportunity to inspect before you accepted the car. And as others have said, how can you prove you didn't cause the damage?
Either live with it or pay for the repair yourself. It is not Toyota's or the dealers responsibility that you didn't check the car properly. It would be reasonable to spot such obvious damage with a quick walk around if it's as bad as you say.
Post up some pictures for the PH massif to hold court.
av185 said:
sandman77 said:
av185 said:
Only a moron would accept smart repairs on a new car.
Total non option and hilarious.
Wow, what an aggressive post. Who mentioned accepting a smart repair?Total non option and hilarious.
SuperPav said:
To be fair I've purchased a brand new car (on a PCP) remotely, supplying Nissan dealer was in Sunderland as they're the ones that had a deal with the leaseco, they dropped the car off at my work (midlands), never met them and it was all very easy. I don't think it's unreasonable in this day and age when buying a NEW car.
Having said that, I think the dealer can reasonably expect that if you signed the car off on delivery (or chose to not inspect it by not being present), then if there is a defect that you think is on them to rectify, that you need to take the car to them.
If it's just a couple of bits of smart repair, just get them done locally, and that's the cost of being 400 miles from the dealer who would rectify it. If as you say this isn't a warranty issue, then Toyota UK have no involvement in this, they're right it's for the supplying dealer to sort out.
You can exercise your 14 day distance selling rights all you want, but under that you'd be liable for the return costs anyway which would run you couple hundred quid.
If the dealer is part of a bigger group, ask them if they'd allow a smart repair by one of their other more local franchises?
Having said that, I think the dealer can reasonably expect that if you signed the car off on delivery (or chose to not inspect it by not being present), then if there is a defect that you think is on them to rectify, that you need to take the car to them.
If it's just a couple of bits of smart repair, just get them done locally, and that's the cost of being 400 miles from the dealer who would rectify it. If as you say this isn't a warranty issue, then Toyota UK have no involvement in this, they're right it's for the supplying dealer to sort out.
You can exercise your 14 day distance selling rights all you want, but under that you'd be liable for the return costs anyway which would run you couple hundred quid.
If the dealer is part of a bigger group, ask them if they'd allow a smart repair by one of their other more local franchises?
Update: call back from the main dealer after who said they will allow me to take it to a local dealer to have the panels resprayed to original finish and they will settle the bill. Very pleased with the after care in the end, did have to involve Toyota GB but go there and I'm happy with the outcome.
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