finance agreement

Flyboy152

unholyangel wrote: »

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



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.

So, if the indicator bulb has gone, or the windscreen wiper is worn, or the windscreen washer bottle is empty, ergo the car is unroadworthy; the buyer should be able to rescind the entire contract on those grounds? I have never heard something so utterly ludicrous.

Optimist

Flyboy152 wrote: »

: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.

A wild guess, Section 75 of the 1988 Road traffic act

bod1467

Flyboy must have a really sore head.

But ... yet another Flyboy post that makes a statement of "fact" yet offers NO source of verification.

unholyangel

Flyboy152 wrote: »

So, if the indicator bulb has gone, or the windscreen wiper is worn, or the windscreen washer bottle is empty, ergo the car is unroadworthy; the buyer should be able to rescind the entire contract on those grounds? I have never heard something so utterly ludicrous.

Perhaps you need to take a look at the act optimist refers to above so you can check what the law says makes a car unroadworthy

And perhaps you need to check over my previous posts so you can see what I have actually said rather than putting words in my mouth. Then again.....can't teach an old dog new tricks, right?

arcon5

Flyboy152 wrote: »

:wall:

It is not illegal to sell a car which is unroadworthy.

bod1467 wrote: »

But ... yet another Flyboy post that makes a statement of "fact" yet offers NO source of verification.

Wasn't the fact it is not illegal to sell an unroadworthy vehicle substantiated in post #19

arcon5

The Road Traffic Act is not majorly specific about what makes a car unroadworthy.

Section 75

(3)For the purposes of subsection (1) above a motor vehicle or trailer is in an unroadworthy condition if—
(a)it is in such a condition that the use of it on a road in that condition would be unlawful by virtue of any provision made by regulations under section 41 of this Act as respects—
(i)brakes, steering gear or tyres, or
(ii)the construction, weight or equipment of vehicles,. . .
F226(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 41 is not specific, but refers to areas which could be used to consider a vehicle unroadworthy

Subsections (2) to (4) below do not affect the generality of this subsection.
(2)In particular, the regulations may make provision with respect to any of the following matters—
(a)the width, height and length of motor vehicles and trailers and the load carried by them, the diameter of wheels, and the width, nature and condition of tyres, of motor vehicles and trailers,
(b)the emission or consumption of smoke, fumes or vapour and the emission of sparks, ashes and grit,
(c)noise,
(d)the maximum weight unladen of heavy locomotives and heavy motor cars, and the maximum weight laden of motor vehicles and trailers, and the maximum weight to be transmitted to the road or any specified area of the road by a motor vehicle or trailer of any class or by any part or parts of such a vehicle or trailer in contact with the road, and the conditions under which the weights may be required to be tested,
(e)the particulars to be marked on motor vehicles and trailers [F107(by means of the fixing of plates or otherwise) and the circumstances in which they are to be marked,],
(f)the towing of or drawing of vehicles by motor vehicles,
(g)the number and nature of brakes, and for securing that brakes, silencers and steering gear are efficient and kept in proper working order,
(h)lighting equipment and reflectors,
(j)the testing and inspection, by persons authorised by or under the regulations, of the brakes, silencers, steering gear, tyres, lighting equipment and reflectors of motor vehicles and trailers on any premises where they are (if the owner of the premises consents),

So, if the indicator bulb has gone, or the windscreen wiper is worn, or the windscreen washer bottle is empty, ergo the car is unroadworthy; the buyer should be able to rescind the entire contract on those grounds? I have never heard something so utterly ludicrous.

I don't think they would. I don't think a single one of these problems would necessarily deem the vehicle unroadworthy. However, if all of these problems occurred at once it could be argued the vehicle is unroadworthy.

Trying to find a garage that would accept a car back on the basis the wiper needs replacing will be a bit of a challenge!




Anyway, this whole thread seems to have gone way off topic

traz39

hi all the dealer sent the specialist that they said they would when we brought the car both saying they could not do anything took the car back to the dealer yesterday with the 2 keys we havnt go the log book has yet was told finance manager would ring today but still heard nothing

unholyangel

arcon5 wrote: »

Wasn't the fact it is not illegal to sell an unroadworthy vehicle substantiated in post #19

Ah but subsection (b) doesn't apply to dealers. Not unless they can prove they made the buyer aware that to use the vehicle on the road would be unlawful. It is not enough to simply assume/believe the car isn't going to be used in the UK/used until fixed.

But as you just said and as i said several posts ago, irrelevant to the OP and if we start getting into discussing the ins and outs of every set of imaginable circumstances, we'll be here forever. Whats even sillier is that I'm pretty sure everyone (or near enough everyone) is in agreement it would apply to the OP (if the car is unroadworthy - obviously we haven't established that).

traz39

feel like ive started a war

Flyboy152

bod1467 wrote: »

Flyboy must have a really sore head.

But ... yet another Flyboy post that makes a statement of "fact" yet offers NO source of verification.

Read the thread.