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brought a car from garage no warranty

nutty1
nutty1 Posts: 2,204 Forumite
Part of the Furniture 1,000 Posts Combo Breaker I've been Money Tipped!
hi my son brought a car tuesday,from a garage, but the dealer offered him a lower price if he didn't give him a warrantly, hes only 23 and said ok, on the receipt the dealer has wrote no warrantly and sold as seen on it.
but now 5 days later the electric window as stopped working and when first starting it cuts out and revs to high.
would the garage beable to do anything or not with them writing no warrantly and sold has seen on receipt
«13

Comments

  • Mr_Toad
    Mr_Toad Posts: 2,462 Forumite
    If it was from a garage and not a private sale then I don't think it matters what they write on the receipt he still has rights.

    I'm sure someone who really knows will be along shortly.
    One by one the penguins are slowly stealing my sanity.
  • vax2002
    vax2002 Posts: 7,187 Forumite
    Has he signed this receipt ?
    If so it is NOT a receipt, you do not sign receipts you sign contracts.
    Contracts are legally binding documents that limit and reduce your rights.
    Very important, what has he signed.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • verityboo
    verityboo Posts: 1,017 Forumite
    Stated on the Directgov site

    "If the car you buy has a disclaimer Some car traders try to use disclaimers such as 'sold as seen', 'trade sale only' or 'no refund' to restrict your rights. This is against the law and you can report any trader that does this to the Citizens Advice consumer service."


    Also bare in mind, a warranty would probably not have cover the electric window, only major mechanical parts (the bits which don't go wrong)
  • Tilt
    Tilt Posts: 3,599 Forumite
    It is illegal for a trader to reduce (or attempt to reduce) a buyers statutory rights under the SOGA. Any warranty is merely an extension of those rights. The receipt could be sufficient evidence of this. Any wording 'sold as seen' or similar has no legal status.

    OP should approach the seller asking him to rectify the fault(s). If he refuses, repeat the request in writing (even though you know he is going to refuse) giving 7 days to respond. If he still refuses or does not respond, contact CAB and ask them to pass the matter on to Trading Standards.

    Send all written correspondence by recorded delivery and keep us posted.
    PLEASE NOTE
    My advice should be used as guidance only. You should always obtain face to face professional advice before taking any action.
  • nutty1
    nutty1 Posts: 2,204 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker I've been Money Tipped!
    vax2002 wrote: »
    Has he signed this receipt ?
    If so it is NOT a receipt, you do not sign receipts you sign contracts.
    Contracts are legally binding documents that limit and reduce your rights.
    Very important, what has he signed.

    its a used car invoice and my son has signed it and the dealer as signed it.
  • Tilt
    Tilt Posts: 3,599 Forumite
    kathrynt wrote: »
    its a used car invoice and my son has signed it and the dealer as signed it.

    Matters not as far as your son is concerned... it cannot remove his statutory rights. Very foolish though from the sellers point of view as he has handed himself on a plate to trading standards for the reasons I stated in my previous post. He may have committed an offence.

    Make sure your son keeps his copy in a safe place.

    As a matter of interest, what make/model car is it.... age.... mileage and price paid?
    PLEASE NOTE
    My advice should be used as guidance only. You should always obtain face to face professional advice before taking any action.
  • nutty1
    nutty1 Posts: 2,204 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker I've been Money Tipped!
    its ford fiesta 2003 paid 1250 and traded in his car what they said knocked 500 off not sure about millage as hes at work
  • Tilt
    Tilt Posts: 3,599 Forumite
    And when exactly did he buy it?
    PLEASE NOTE
    My advice should be used as guidance only. You should always obtain face to face professional advice before taking any action.
  • vax2002
    vax2002 Posts: 7,187 Forumite
    The contract he has signed will need to be read by a legal expert first, it may be a trade to trade agreement where he has signed to state he is a trader and the sale is a in-trade transfer.
    If he has and he is not a trader it will take some serious explaining as to why he would sign a contract that says the contrary.
    He should not have signed anything.
    I know this is hard with young people but you need to drill it in to him that it is possible to sign 1 bit of paper and spend the rest of your life in jail.
    If asked to sign anything, it is a contract and needs to be carefully read.

    Before firing off I would have a damned good read of this contract, it is NOT a receipt.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • nutty1
    nutty1 Posts: 2,204 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker I've been Money Tipped!
    tuesday last week
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