Faulty Second Hand Car Problem - Any Rights...?

blunther

Hi all,

I'm posting on behalf of a friend of mine.
On the 3rd February, she bought a car from a garage in Evesham. It's a 51 plate, and cost £1760.

Two weeks later, it's had some catastrophic failures. The plate and brackets holding the gearbox in place have corroded so badly that it can't hold the gear stick in place and it fell through! She can't put it into reverse, 2nd or 4th gear. The brakes are also bare, but appreciate she should've checked these prior to purchase.

She's taken it back to the garage, and they're saying the gearbox is 'wear and tear' - seems obvious to me that she's been sold a dud, and I'm guessing the garage knew it.

the car is currently with the garage as it's undriveable...

I know if it's a private seller then it's 'sold as seen', but does she have any comeback having gone through a dealer...?

Thanks for any help!!

Just trying to find out what model of car it is, what mileage and if there was any sort of warranty sold with the car - will update thread when I have info!

Cheers

blunther

Turns out it's a Hyundai Amica that's done 69k.

Gandalfthesecond

Soundslike it's not fit for purpose and should be returned under the sale of goods act.

shaun_from_Africa

It is illegal for anyone to sell a car that is unsafe or unroadworthy, but proving that the garage knew about the state of it may be difficult.
One thing that your friend can do is to go to this site
http://www.direct.gov.uk/en/Motoring/OwningAVehicle/Mot/DG_10020539

And check up on the previous MOT history. This will show any failures, but more importantly it will show any advisories given at the time the MOT was performed.
If you are lucky, it may show that the car failed due to corrosion, or that it passed but it was pointed out to the owner that it was getting "dodgy".

Failing that, your friends next step should really be a conversation with consumer direct.

TiTheRev

Check this. You may have more rights than you think...

http://www.cardealermagazine.co.uk/publish/court-rules-dealer-must-pay-buyers-bill-for-unreported-repairs/47144

shaun_from_Africa

Check this. You may have more rights than you think

But thet link is for a totally different scenario.
It involves a court case where someone bought a car which later had problems, then paid to get it repaired without inforning the original seller.
The buyer then took the seller to court for the repair costs and won.

Reading various reports of that case, a lot of lawyers think that the appeal will be sucessfull due to the seller not having the option to repair or refund, or to even inspect the car as may have been their duty under the SOGA, so the sellers legal rights were infringed.