2nd hand car warranty.

patman99

I bought a 2nd-hand car from a local car yard today. When I originally viewed it a few days ago, the dealer mentioned that if there were any mechanical problems within the first 3 months they would be covered by a warranty.

When I collected the car today, the final receipt stated -

'Trade sale. sold as seen tried and tested. No warranty supplied or implied'

TBH, the car is in superb nick for an 'S' reg Focus with 166000 on the clock, but I always thought that dealers had to offer a minimum of 3 months warranty on a vehicle (unless sold as 'spares/repairs'). If it does go wrong within the 3 months and he refuses to fix it at his expense, would I have much success in suing him?

Now I do intend to have it serviced by an ex-ford main dealer mechanic as I have no idea how long it has been since the last service (always a good idea), so won't expect the dealer to pay for servicing items, but would do if something major was found to be wrong with the engine/clutch/gearbox/driveshafts.

BTW, it drives beautifully, but am asking just in case.....

arrowsmith

patman99 wrote: »

TBH, the car is in superb nick for an 'S' reg Focus with 166000 on the clock, but I always thought that dealers had to offer a minimum of 3 months warranty on a vehicle

The car is 11 years old with 166000, that's almost double the age Ford originally designed the car for. Things will go wrong with it from time to time but that is expected with a car of advanced miles and age. I suspect you paid less than 1k for it, in which case no one would find the dealer liable for anything.

unholyangel

Someone could correct me here but i'm sure someone mentioned previously sold as seen doesnt apply to trade sales as they cannot contract out of your statutory rights.

That being said, i find it slightly......niggling that they offered a warranty but have not provided one.

Read this page here for more info about your rights when buying a car (even 2nd hand): http://whatconsumer.co.uk/buying-a-car/

although be aware that with 2nd hand cars, the value etc would be taken into consideration - ie is it a problem you expect to have with cars of that age?

patman99

According to my ex-ford main dealer mechanic, the petrol engines are good for 350,00+ miles if serviced properly. It's the diesels that should be avoided, as the dura-torque system has a nasty habit of failing and taking the clutch & starter motor with it.

I will have a look at the link in the above post.

booter

A dealer doesn't have to legally provide any warranty/guarantee on anything as problems should be covered by statutory rights (i.e. as described, fit for intended purpose, of satisfactory quality). However, with 2nd hand, especially older cars, you should always get them inspected before you buy by someone who knows what they're doing, and expectations should obviously be lower. Warranties/guarantees rarely mean much anyway - I'll give you a guarantee that the car won't sprout wings and fly!

patman99

A good article.
Looks like SoGA sec 14 would cover me.

Focus's are cheap to repair anyway, so anything that fails outside the warranty will be pocket money compared to a Jap/Korean motor.

lincoln_dj

the sales of goods act actually gives you 6 months protection (unless "sold as seen") when buying from a dealer...

"any faults that occur within 6 months of purchase are assumed to have been present at time of purchase..."

also, if a car is bought on finance, it is generally the finance company that have to deal with complaints, since it is technically them you bought the car from (dependant on type of finance)

I am not allowed to post links, but if you cut and past this in to google it should be the first link....
"When you buy a secondhand vehicle your rights are the same as when you buy any other goods. However, there are some differences and you should read this information before deciding what action to take. There can also be particular problems with secondhand vehicles because:"

adviceguide.org.uk

alchemistkevin

I'm pretty sure "sold as seen" can't be mentioned on the receipt. "Tried & tested" though is a get-out-of-jail-free card.

unholyangel

alchemistkevin wrote: »

I'm pretty sure "sold as seen" can't be mentioned on the receipt. "Tried & tested" though is a get-out-of-jail-free card.

The only faults they can really get out of is if the fault should have been apparent upon inspection or if it would be a common fault with a vehicle that age/price.

AFAIK, traders cannot limit their liability. If the customer is covered under their statutory rights, nothing would get the trader out of it and putting a clause into their T&C's stating such can get them into trouble.

Statutory rights cannot be contracted out of. However, obviously, it can be hard to get retailers to accept responsibility.