What Car? Q&A - Can I reject my car?

Q: I've just taken delivery of my brand new car and I don't think much of the paint job.

The finish on the bonnet is poor, but it's the nearside door that really worries me - it looks as though it's been resprayed following some damage, with overspray on the front wheelarch.

There are also some poor patches on the inside of the door frame at the top - it looks like someone's dabbed red nail varnish onto it.

Can I reject the car?
D. Walker

A: Issues like this are governed by the Sale of Goods Act, which says that goods must be as described, fit for purpose and of satisfactory quality.

The last of these applies in this case, the Act listing appearance and finish as one of the features that constitute satisfactory quality.

So, you can rightly expect your car to look good when you pick it up, but you are under no obligation to check that it does.

In fact, if you do inspect a car before you sign for it and miss things like this, you could be in a stickier situation - the law then says you should have noted any faults that an examination ought to have revealed.

So when you collect your new car it can be far safer to grab the keys, sign for it (writing 'received/collected but not inspected' ) and inspect it over the next few days.

Remember, a dealer also has no duty to reveal defects unprompted - but if you ask, he has to tell you.

Without seeing your car, it's difficult to say what has happened, but in most cases the most likely remedy is to get the dealership to put the fault right at no cost or inconvenience to you.

You should get a courtesy car while yours is in the shop, as well as financial compensation from any costs arising from the fault.

A court is likely to rule that complete rejection of the car is disproportionate to the cost of putting it right with repairs.

If you think the paint finish is so bad that it requires a complete respray, then a rejection might be possible.

Remember, though, that a court would test whether this is the case by deciding whether a 'reasonable' person would consider it necessary, not you.