CAN I REJECT MY BMW M4 DUE TO A PERSISTENT BRAKE ISSUE?

QI wrote to you in July about vibrating brakes on my BMW M4 CS. BMW Blackpool replaced all the discs and pads and a sticking brake caliper, which was one of your hypotheses. However, the vibration has returned for a third time. I have informed the selling dealership (Lloyd BMW Carlisle) that I intend to reject the car. Can I request my money back?

– CW

A

When you first wrote to me you had owned the car for only three months, so you are well within your rights under the Consumer Rights Act to reject it. You’ve given the BMW dealer network a chance to repair it within six months of purchase; it has failed. You are now therefore entitled to reject the car either for a refund, or a replacement.

The selling dealer might try to argue that the car was of satisfactory quality when it was sold to you. However, the onus is on them to prove that. You also mentioned that BMW’s records suggest the previous owner had reported the same problem, which rather shoots a hole right through their ability to do so. As a result, I think legally they’ll have to accept your request for a rejection of the car. However, they are entitled to deduct a certain amount from your refund in order to compensate for any usage you’ve had from it.

Alternatively, you can ask the dealer to source a replacement of similar mileage and quality, although as it’s quite a rare car it is going to be difficult to find a replacement. So the answer might be some sort of hybrid deal – you might like to suggest that they source you a replacement car, with cash either way to make up for the difference in value.

If you can reach an agreement that is satisfactory to both parties, it’ll at least save you the hassle of trying to find another car, and put the onus on them to do so. If you can, though, it’s a good idea to get an idea of what sort of value they’ll place on your M4, as well as how much extra you’d be willing to pay (or how many more miles you’d be willing to accept) – that way, you won’t get any nasty surprises when a suitable replacement is sourced.

Put the brakes on: if the dealer hasn’t managed to repair the fault, you should get a refund