Can I reject my leaky BMW after repairs?
I have owned a low-mileage 2018 BMW M3 CS for 28 days now, and it’s spent 14 of them in BMW dealerships because it had two serious issues that I identified less than a day after taking delivery.the brakes were worn out and it had a leak that left the carpets sodden.
The supplying dealer, Douglas Park BMW in Hamilton, Scotland, has now fixed the brakes and claims to have fixed the leak, but when the car was returned to me apparently fully valeted, the carpets were all stained and dirty. They weren’t like this when I took delivery.
In response to my complaint, BMW and the dealer are both refusing to replace the carpets under warranty. Instead, they have offered to get them valeted again.
It’s an expensive car and I’m worried that their refusal to change the carpets, which have been soaking in water for who knows how long, means that they are leaving me with a potential problem in the future. I wish I’d rejected this car immediately and need to know if I have a case to reject it now.
I’m also concerned about giving the car back to the dealer and not getting my money back, because they are around 175 miles away from my home and it won’t be easy to visit them to discuss the matter. I’d appreciate your advice on this situation. Les Mcarthur
WHAT CAR? SAYS…
It sounds like you have a strong case to simply reject the car, but you’ll need to act promptly. Right now, you’re still within the 30-day period that the Consumer Rights Act 2015 gives you to return a car that is faulty, not of satisfactory quality or as described, and receive a full refund. The fact that the dealership has repaired the brakes and tried to rectify the leak shouldn’t have any bearing on your legal right to reject the car. That’s because you can’t be sure if the leak has caused any damage beyond the carpets, including the bodywork underneath them, potentially leaving you vulnerable for costly repairs in the future.
The dealer might argue that there’s nothing wrong with the car any more, but from your photos it is not of satisfactory quality, nor presumably as it was described in the advert, with the carpets looking as they do.
Our general advice is to write a formal letter or email of rejection and return the car, its keys and paperwork to the dealership. Also, if the car is on finance, you should notify the finance company that you intend to reject the car.
With the dealership such a long way from you, it might be best to have the car collected and it’s worth discussing this with them.
If the dealer disputes the rejection and the situation has not been resolved in the next six weeks, we’d recommend that you make a formal complaint to The Motor Ombudsman. However, we hope the dealership will accept your rejection of the car.
‘The fact that the dealer tried to repair the car shouldn’t affect your right to reject it’