Dealing with a dealership.

Three years ago, I bought a new EV car, paid in cash. Since then, it's had numerous problems and has needed to be towed to the garage at least 6 times. I was without the car for five months at one stage while the dealership tried to fix it. It's still under warranty. It's now been back in the garage for the last month. They have told me the car shouldn't have passed quality control and the fault lies with the manufacturer. Their solution is to offer me a trade-in on another new car. However, I don't want to buy another car of the same make or buy from that dealership. Do I have any come back from the dealership for selling a car that was defective from the start?

Hi sonya2,

This previous AAM thread might give some advice or you may find others here.

Hi,

Have you told the dealer clearly that you don't believe that they sold you a car that was of merchantable quality?

If so, what's their response?

If not, you need to do so, clearly and given the history, while I'd initially look into meet them and discuss it, I would also present the statement, supported by a brief, factual, summary of the issues you've had, and asking for their written response within 14 days.

I also think you should insist that the dealer get the main distributor for Ireland involved in the conversation, if that has not already happened. While the dealer sold you the car, they'll very likely get some assistance from the distributor (with regards to resolving the issue), if it's a legitimate and well documented problem.

To be fair, 3-years seems like a long time to have let things go, so a full refund seems very unlikely.

Likewise, you selected the make and model, so the fact that you've since gone off it, lost faith in it, or seen another car that you now prefer, isn't the dealer, or manufacturers fault, so a very good trade in price against another car, seems the reasonable expectation here.

sonya2 said:

They have told me the car shouldn't have passed quality control and the fault lies with the manufacturer.

Click to expand...

That is the dealer's problem as their internal checks, the dealer PDI or pre-delivery inspection, should have highlighted the problems and led to them rejecting the car.

The problem is entirely the dealers. If you can get them to admit that situation in writing, that they sold you a lemon, then replacement and compensation, please.

Have they told you what was wrong with the car and what quality controls it failed.? Was it ever actually safe to drive in the first place?

This is the dealers problem in the first instance and given the fact that they have admitted the car cannot be repaired (since it should never have been sold in the first place), my starting point in any discussion with them would be, under the Consumer Protection Act, Replacement or refund. I wouldn't even be considering a trade in at this stage. Play it tough, they won't want bad publicity and then should be able to pass the cost to the manufacturer.

Vendors are entitled to choose to repair faults, but it is expected that repair should last. You mentioned multiple faults, have any been reoccurrences of things that were supposed to be fixed? If they were separate issues your hand is weakened.

Someone in a dealership telling you things like the car shouldn't have passed quality control isn't confirmation the car wasn't of merchantable quality unless you get it in writing in which case they should be more forthcoming with a resolution. After 3 years a full refund is not going to happen, so you need to work out a reasonable solution. Perhaps exchanging for a different make/model of a similar age or sell to them for a cash value in the upper range of current value.