Think I Bought A Lemon..Advice Please!

[IrishClaS]

Hi all,

Need your advice please. I just collected a 2007 CLS 320, I actually put a deposit on it 5 weeks ago but it needed 'a new steering rack' to be installed by the dealer first.

The car has 55,000 miles on it and (I thought) very clean, however there was a respray on the drivers side cill and lower door, towards the front. This did not worry me too much at the time of viewing. There was no engine oil in it either and in fact it has a fairly serious oil leak from somewhere at present.

This morning, I discovered the front drivers-side front wheel seemed to be sitting towards the back of the wheel arch. When I measured the 2 front wheels against the back wheels, it showed that the drivers side front wheel is almost 2 inches back from where it should be. It is very obvious to see.

Some other clues maybe that there is a new, aftermarket front grill, the 'steering rack' needed to be replaced, the low miles, and the respray.

I now do not feel safe driving this car or carrying my family in it.

Would you conside this to be a major cause for concern, or am I freaking out for nothing. I am contacting the seller this evening and need some thoughts on it. I just don't want the car now.

Regards,
Pat.

 

[E55BOF]

You did buy a lemon, I'm afraid, and are quite right to be concerned. It has plainly had a serious accident. If you bought it from a dealer, unless you were told about it before sale reject it at once and ask for a full refund.

If you bought it from a private seller, to be able to demand a refund you have to establish that the car is not roadworthy. You would need an engineer's report for that, which will cost money (albeit not much compared to the cost of the car, I suspect), and if the seller will not co-operate, actually recovering your money will be difficult if not impossible.

When you contact the seller, be polite; resist the urge to shout abuse...

Let us know how you get on; it doesn't sound hopeful, I'm afraid.

 

[John Jones Jr]

This morning, I discovered the front drivers-side front wheel seemed to be sitting towards the back of the wheel arch. When I measured the 2 front wheels against the back wheels, it showed that the drivers side front wheel is almost 2 inches back from where it should be. It is very obvious to see.

I wouldn't mess about as it sounds like the car had a fair smack supported also by the the rack & paintwork. I'd get an independent engineers report carried out ASAP and go from there. Odds on you'll be returning it back to the dealer for a refund.

 

[Williamwoo]

I don't think you've bought a lemon, I think you've bought a potential death-trap.

If you bought it from a dealer, give it back and demand your money back. If you bought it privately, I think you can do much the same but I'm not sure you have as many rights. Others on here will know more I'm sure.

 

[E55BOF]

Sadly, if you bought it privately you have no rights, unless the car is not roadworthy; hence my earlier post. However, now I think about it, if a private seller deliberately misrepresented the car, and you can prove it, ISTR that too provides grounds for rejection. As always with private sellers, actually getting your money back is the hard part.

 

[IrishClaS]

Thank you all for your insight.

Although I live in the ROI, the same basic consumer rights exist here as in the UK. The car was bought from a dealer.

I will contact him this evening and get back to you with an update.

Feeling sick,
Pat.

 

[DSM10000]

Was there no HPI check or equivalent offered?

Are you able to search for any recorded accident damage?

If you do not get an immediate and satisfactory resolution then keep copies of any correspondence, 'phone calls etc,.

Print off a copy of the original advert as evidence of how the car was presented for sale.

 

[IrishClaS]

I checked mileage HPI etc, all came back clear. There is no system here for recording crash damage.

 

[DSM10000]

I checked mileage HPI etc, all came back clear. There is no system here for recording crash damage.

HPI checks for recorded crash damage surely? Unless of course the car has been repaired without an insurance claim.

Did you ever ask about crash damage or why the rack was being replaced at such a low mileage? The paint, grille etc all point to a significant accident.

How did you pay? If by credit card or finance then you will have redress via those routes.

 

[John Jones Jr]

Thank you all for your insight.

Although I live in the ROI, the same basic consumer rights exist here as in the UK. The car was bought from a dealer.

I will contact him this evening and get back to you with an update.

Feeling sick,
Pat.

There's only one way to look at your car situation. If the dealer didn't know it was smacked prior to sale, he's useless putting it mildly but you can bet your bottom dollar the dealer did know, thus he's a con artist again putting it mildly. Anyway, either way get your money back, no if's, but's or and's. And whatever you do don't let the dealer have it repaired for you! Good luck.

 

[mat8n]

Why wait till this evening? Report it now. If you can take time to go on here and not call the dealer, your priorities are wrong.

Take it back and demand a refund. Nothing else. Walk away and search again.

Stop dilly dallying about on Internet forums.

 

[Dec]

Check if the dealer is a member, see… SIMI - The Society of the Irish Motor Industry
And… SIMI : Contact Complaints Service

Dec

 

[Mrhanky]

Sounds bad, the law is on your side with this and remember its getting your money back thats the name of the game here, not getting back at the dealer.

Calm and measured applying pressure with your rights wins the day.

 

[flango]

HPI checks for recorded crash damage surely? Unless of course the car has been repaired without an insurance claim.

You can repair a car even after an insurance claim and it won't show on HPI or any other register its all in the paperwork between the owner and the insurance company

Sent from my iPhone using MBClub UK

 

[kinaero]

How much deposit did you put down?

 

[Spin_bowler]

How much deposit did you put down?

The OP states 'collected' not just a deposit.

 

[kinaero]

The OP states 'collected' not just a deposit.

Oops, I was misled by OP's first sentence, put a deposit on it...

 

[mat8n]

the deposit probably paid for the repairs!

 

[IrishClaS]

I have paid Euro12,500 in total, by Bank Draft.

I called him this evening(I had no access to a phone today), he was not happy. He said he 'was consulting a solicitor tomorrow', and hung up. Yea right.

I sent him this email just now , I await a reply tomorrow.

Notice Of Formal Complaint





19/12/2014

Mr. Mark .......

Dear Mr. .......,

On 15/12/2014, I completed purchase of a Mercedes Benz CLS320, Reg No; 07 D 34962 from you.

I am writing to you because,

The vehicle was involved previously in a major accident, which was not disclosed to me.

There are serious and dangerous defects in the vehicle which render it unsafe to operate.

The product is not as described and has several ongoing defects.



Under the ‘Sale of Goods and Supply of Services Act, 1980, goods should be:

Of merchantable quality.

As described.

Fit for its purpose.

Corresponding to sample.

Under consumer law, my contract is with you, the seller of the goods and as such I am writing to you to seek a full refund, immediately. I do not wish to have any repairs or work done on this vehicle to attempt to rectify dangerous faults. The vehicle is presently parked and will not be driven as it is deemed to be unsafe, unsound, and dangerously defective. The presence of a NCT Certificate does not define 'roadworthyness'. Further, you will be liable for current and further expenses, costs, or losses involved, including vehicle inspections, transport, vehicle insurance and loan repayments. An application for a PSV Operating Licence, costing e1045.00, is currently in progress, and cannot be refunded once paid. There is a short period still in which I can cancel this application. Also e600.00 has been paid for vehicle insurance along with e100 for engine oil and e150.00 for a new tyre on the drivers side, front.

Be advised that, 'It is an offence under both road traffic legislation and the Sale of Goods and Supply of Services Act 1980 to sell a car which is not roadworthy. Where the car you bought is unroadworthy, you should also refer the matter to the Garda Siochana.'

I would appreciate your response within 10 working days. A sensible solution is sought, without recourse to lenghty and expensive means. If you wish to discuss by phone, I am contactable by telephone/mobile, anytime, on 087 9902294, or, 091 506896.

I am also in Dublin, Saturday and Sunday the 19th & 20th Dec, if you wish to meet to arrange refund.

I will also be posting a copy of this letter to your address.

Yours sincerely,

 

[renault12ts]

So, only the deposit paid so far then?