Interesting you bring this up. A business colleague tried to reject a brand new £95K car within two weeks owning it. The dealer wasn’t having any of it. The chap then tried to get a solicitor to take the job on. None of the five he tried would take it on and he got bored after that and put up. In the end things worked out fine but it’s curious that these solicitors wouldn’t take the job.
Yeah, probably because his claim wasn't based on a solid reason.
If a solicitor hears his story, and it's unreasonable... then they won't take it on, because they won't necessarily get paid.
There is a Case in UK Law (Egan vs. Motor Services) where a Judge was not happy with the madness.... It involved a dispute over an Audi TT which cost £33,000. Both the dealers solicitors, and the customers solicitors had racked up £100,000 on fee's arguing over it.
So unless he had a very good reason to reject the car, then nobody will touch it.
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Darren Egan vs. Motor Services (Bath) Ltd (18 October 2007) is a Court of Appeal case which saw the consumer who attempted to reject his vehicle lose out dramatically.
The consumer complained that his car, a new Audi TT 3.2 litre V6, veered to the left and as such wanted to return the car to the dealer and be refunded.
Whilst an expert witness gave evidence supporting the consumers claim, the Court ruled that the vehicle was "of satisfactory quality" because the sensitivity of the car to camber was in fact normal for that type of car - the reasonable person would not consider that this would make the vehicle unsatisfactory.
This provided a useful case precedent for motor dealers as it makes clear that vehicles may have "characteristics" such as sensitivity to the camber of the road without being "of unsatisfactory quality". It may also prove to be useful case law for retailers of other consumer products.
The legal expenditure of both parties was around £100,000 and the car cost £32,300 in July 2003. This led Lord Justice Ward to exclaim: "...one or other parties to the action, if not both of them..." were "...completely cuckoo..." to have pursued the litigation when little was at stake and that the lawyers should have taken "...the firmest grip..." from the outset.
This case shows the fundamental importance of getting expert guidance on the legal issues raised in a dispute and how to resolve it at the earliest opportunity.
