finance agreement

unholyangel

Flyboy152 wrote: »

Being unroadworthy and not being fit for purpose are not necessarily synonymous.

I didn't say it was. But if a car is unroadworthy, it is not fit for purpose.

However, selling a unroadworthy car would also be a criminal offense......not just a breach of contract.

arcon5

unholyangel wrote: »

I didn't say it was. But if a car is unroadworthy, it is not fit for purpose.

Not necessarily. You could buy a car from a scrap yard with the purpose of using for parts or a non-runner from eBay to repair.

traz39

thanks for all your responsers all the faults were pointed out before we took the car away but was gonna be put right by specialist who came to our house and was told they could not make it look any better ie problem with damaged seat and alloy wheel they said the scratch was too deep the dash is marked all over it and again they cannot do it apart from replace it with a new one not sure about what the noise is we took the car back to the dealer today although they didnt want us to but manager not in until tomorrow so we will see what he says oh and the car is only 2 yrs old if we would have known the marks and scratchers could not have been sorted we would not have brought it

unholyangel

arcon5 wrote: »

Not necessarily. You could buy a car from a scrap yard with the purpose of using for parts or a non-runner from eBay to repair.

*sigh* but the OP didnt buy from a scrap yard for a non-runner did they?

And the pages i quoted from specifically refer to dealers. Not private sales, not sales for non-running cars etc.

So yes, when buying a car from a dealer and that car is unroadworthy, it is not fit for purpose.

Flyboy152

unholyangel wrote: »

I didn't say it was. But if a car is unroadworthy, it is not fit for purpose.

That would depend on purpose it was being put to.

However, selling a unroadworthy car would also be a criminal offense......not just a breach of contract.

The heck it is.

Flyboy152

traz39 wrote: »

thanks for all your responsers all the faults were pointed out before we took the car away but was gonna be put right by specialist who came to our house and was told they could not make it look any better ie problem with damaged seat and alloy wheel they said the scratch was too deep the dash is marked all over it and again they cannot do it apart from replace it with a new one not sure about what the noise is we took the car back to the dealer today although they didnt want us to but manager not in until tomorrow so we will see what he says oh and the car is only 2 yrs old if we would have known the marks and scratchers could not have been sorted we would not have brought it

Who is employing this specialist, you or the dealership? Did the dealership promise to put these problems right, or did you buy it, hoping that someone you have employed, will be able fix it?

bod1467

Flyboy152 wrote: »

The heck it is.

You are incorrect.

The Road Traffic Act 1988 makes it an offence to sell an unroadworthy car.

What Is An Unroadworthy Car?

The Road Traffic Act 1988 does not give a definition of what is "unroadworthy", but instead makes reference to the following areas that, if not satisfactory, may lead to a vehicle being unroadworthy:-

steering and steering gear,
brakes and braking systems,
tyres,
exhaust systems,
seatbelts and seatbelt anchorages,
general condition (corrosion, suspension etc).

Taken from here, although this is not specific to Wigan.

arcon5

But if a car is unroadworthy, it is not fit for purpose.

However, selling a unroadworthy car would also be a criminal offense......not just a breach of contract.

So yes, when buying a car from a dealer and that car is unroadworthy, it is not fit for purpose.

You are incorrect.



Taken from here, although this is not specific to Wigan.

Actually it is not illegal to sell an unroadworthy vehicle.

(6)A person shall not be convicted of an offence under this section in respect of the supply or alteration of a motor vehicle or trailer if he proves—
(a)that it was supplied or altered, as the case may be, for export from Great Britain, or
(b)that he had reasonable cause to believe that the vehicle or trailer would not be used on a road in Great Britain, or would not be so used until it had been put into a condition in which it might lawfully be so used, F5. . .

So long as the buyer is aware of it's condition it would be safe to assume the purpose of the purchase is something other than to drive immediately.


In ops case if the car is unroadworthy then it would not be fit for purpose and would be unlawful. However, to imply buying a car from a dealer that is unroadworthy is not fit for purpose is incorrect and so is saying selling an unroadworthy car is illegal is incorrect.

unholyangel

Advice.org.uk specifically says (in relation to buying a secondhand car from a dealer):

It must also be roadworthy. (It is a criminal offence to sell an unroadworthy car). A car is not roadworthy if its brakes, tyres, steering, or construction make it unfit for the road. Even if the car has an MOT certificate, this doesn't necessarily mean that it is roadworthy.

We're not giving advice on each and every possible situational purchase, we're talking specifically about the OP. The whole reason i mentioned unroadworthy is that if it is not roadworthy, the OP has grounds to rescind the contract.

If we want to go into general info/advice.....we'll be here all day. Buying from a dealer there is no such thing as "sold as seen". Sale of Goods Act still applies. SoGA wont apply to private sales, private sales pretty much the only thing they need to really do is make sure the car matches its description........There is hours and hours worth of advice.....I really don't feel like covering it all, do you?

I have no idea what dealers you guys have but around here, you do not go to a dealership for a non-runner/car for spare parts. And around here, they do not sell crap cars on their lots, its only the ones that are in the best condition that they can make a good profit on.......all the other cars are sent to auction or scrapped. Other dealers may buy the cars that go to auction but they inspect the car first and generally dont bid on cars that need major work done and wont provide a quick turnaround. You can get great deals at auctions if you know what to look for, but you dont have the consumer protection you do when buying from a dealer...........

Perhaps its just common sense to me given I grew up with my dad and uncle buying/fixing/selling cars but to me *shrug* you want a running car you go to the dealer. You want a fixer/spare parter......you go to auctions/scrappy.

Flyboy152

bod1467 wrote: »

You are incorrect.



Taken from here, although this is not specific to Wigan.

:wall:

It is not illegal to sell a car which is unroadworthy. I don't know where Wigan Council get their advice from, but they should try to get a refund.