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Buyers rights with Trade Seller?
Hey guys, hoping I could get some advice on an issue I have with a car I bought under 3 weeks ago from a trade showroom.
While test driving the car (Honda HRV), I noticed 2 problems, one was a knocking noise from the rear when moving off slowly while turning, and the other was a judder on the brake pedal when coming to a gentle stop. Another issue was a light sqeauling sound coming from the left whenever the car accelerates.
The car was advertised as FSH with a 6 months mechanic warranty, apparently valid at any dealership, inc honda on autotrader, and their website states that all their cars are sold with a minimum of 3 months warranty.
Before agreeing purchase (inc P/X), we agreed that these issues would be resolved during this warranty period, everything except anything to do with cambelt changes.
So a garage round the corner from his have the car in this week, and think the duel pump needs replacing, as does the ABS pump, and is probably going to cost around 2000 GBP.
The garage will be preparing a report of faults for tomorrow.
The dealer is now saying they did not agree to rectify any of these issues, and would only offer to top up the gear box oil? He is also citing 'Sold as Seen'.
My question is am I liable for these potential costs (should repairs go ahead) which were initially agreed to be rectified as a condition of sale by the seller, even if I have already purchased the car (in excess of £3000 including P/X), or do I have some recourse with the Sales of Goods Act or any other law that means a Trade seller must ensure a vehicle is fit for purpose?
What are my options legally?
Thanks for any potential input.
While test driving the car (Honda HRV), I noticed 2 problems, one was a knocking noise from the rear when moving off slowly while turning, and the other was a judder on the brake pedal when coming to a gentle stop. Another issue was a light sqeauling sound coming from the left whenever the car accelerates.
The car was advertised as FSH with a 6 months mechanic warranty, apparently valid at any dealership, inc honda on autotrader, and their website states that all their cars are sold with a minimum of 3 months warranty.
Before agreeing purchase (inc P/X), we agreed that these issues would be resolved during this warranty period, everything except anything to do with cambelt changes.
So a garage round the corner from his have the car in this week, and think the duel pump needs replacing, as does the ABS pump, and is probably going to cost around 2000 GBP.
The garage will be preparing a report of faults for tomorrow.
The dealer is now saying they did not agree to rectify any of these issues, and would only offer to top up the gear box oil? He is also citing 'Sold as Seen'.
My question is am I liable for these potential costs (should repairs go ahead) which were initially agreed to be rectified as a condition of sale by the seller, even if I have already purchased the car (in excess of £3000 including P/X), or do I have some recourse with the Sales of Goods Act or any other law that means a Trade seller must ensure a vehicle is fit for purpose?
What are my options legally?
Thanks for any potential input.
Try to imagine nothing ever existed...
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Comments
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Warranty valid at any dealership??? Is the seller a national chain or is it a 3rd party firelighter paper that covers everything that
doesnt break or wear out. Except electrical and diagnostics of course.
How old is the car? What was the actual cash price? Cars mileage?
Sorry to say but you were silly to buy the car with known faults and accept delivery/collection with the faults still there. You will need
to prove they agreed to fix these faults. And not sold the car knowing it needed some work.
Buying from a dealer you do have some rights but a lot depends on the age & price of the car. You need to find out what is exactly wrong
with the car. None of teh faults you mentioned make me think it needs a new fuel pump.
Cheap fix / Expensive fix.
Squealing when accelerating, Loose drivebelt / clutch release bearing (foot on the clutch still)?
Vibration on the brakes, Its been standing idle on a forecourt brakes need some use to clear rust / Disc, Pads worn / ABS?
Knocking noise, Exhaust loose / Supsension bush worn.
Agreed to repair but do you have it in writing?
Call to trading standards may help. But you need to know what is actually wrong with the car.Censorship Reigns Supreme in Troll City...0 -
2001 HRV 5dr Auto, ~£3,200 overall, £2710 cash. 62,500 miles. Full FHSH (except last service at 60,000). HPI clear.
Not a national chain, just a single showroom dealer based in London.
Maybe I should have waited for these problems to be address before I bought the car, but I really needed to get rid of my current car ASAP, and needed something more reliable. Thought I couldn't go wrong with a Honda. I Admit to this mistake!
However, It is written down in his own hand writing on the contract/sale receipt at the end of the page with a specific note towards the noise from brakes and steering.
The mechanic said dual pump, not fuel pump (apologies for poor spelling of 'dual' in first post).
After reading around a bit, apparently a change of the Dual Pump Fluid should in most cases be a first port of call and rectify the sound, unless the rear differential is badly damaged.
I've read something about the HRV having a serpentine belt which apparently is one belt that runs most everything on the car? Maybe this is the cause of the noise on accelerating, i'm hoping it isn't the CVT gearbox.Try to imagine nothing ever existed...0 -
Dual pump? Had to look that up its Honda's own brand of fluid. One of those only use this or
your car will die a horrible death type of thing.
Honda Dual Pump Fluid II. Used in power steering, Brakes and the diff what ive just read. A multipurpose fluid.
I think now you have bought it you need to give the garage a chance to fix it. If repair fails then you can reject it.
Someone will clarify that for you. Anyone?
Way too dear as well. So they should have plenty of profit in it to pay towards repairs.Censorship Reigns Supreme in Troll City...0 -
Hi
'Sold as seen' is an illegal term under the SOGA as it is illegal for a trader to reduce or restrict a consumer's rights. The SOGA protects a consumer for the first 6 months of ownership in respect of a used car as any defect which occurs (excluding wear & tear) within that period is assumed to be present at the point of sale. I have to agree with 'forgotmyname' that buying the car before the faults were rectified was not a good idea. However, that does not alter the fact that the seller is responsible (NOT the warranty co) for sorting it out. The OP should contact the seller by phone and ask him to rectify the faults. If he gets a 'No, on yer bike' kind of response, he should advise the seller that he will follow up the request in writing (by recorded delivery) and all further correspondence should be done in writing. This then proves that the seller has had the opportunity to rectify before the OP takes it to the next stage which will be the possibility of rejection.PLEASE NOTEMy advice should be used as guidance only. You should always obtain face to face professional advice before taking any action.0
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