Sale of goods act and refund of faulty 2nd hand car

harveybobbles

If you go into any garage and invite them to find faults with a car then they will do. Hence the large estimate to repair. The selling dealer will probably do the work in house. This will reduce the bill.

The selling dealer could wriggle out of any claim as the customer ignored a warning light and continued to drive the car and book it in elsewhere.

motorguy

harveybobbles wrote: »

If you go into any garage and invite them to find faults with a car then they will do. Hence the large estimate to repair. The selling dealer will probably do the work in house. This will reduce the bill.

The selling dealer could wriggle out of any claim as the customer ignored a warning light and continued to drive the car and book it in elsewhere.

There was faults with the car and the O/P got an independent inspection done. The result is an estimate for £2,100 of work.

I would say that was basis for a rejection, not a claim.

motorguy

harveybobbles wrote: »

If you go into any garage and invite them to find faults with a car then they will do. Hence the large estimate to repair. The selling dealer will probably do the work in house. This will reduce the bill.

The selling dealer could wriggle out of any claim as the customer ignored a warning light and continued to drive the car and book it in elsewhere.

The specialist has no vested interest in creating a large estimate, given they have actually told the O/P to reject the car, rather than even suggest they carry the work out for the O/P.

mg31

Yes you can reject the car. A very similar thing happened to us it had to go to court and we had the car repaired but wish with all my might we had returned it (it was a bit of a more complicated story for us due to an unscrupulous dealer) as we hav had to scrap the car this week and lost 4k on it if u can find my thread the full story is on there but don't let the dealer fob you off stand your ground and be prepared to take it as far as you have to and good luck it sickens me to hear of someone else being ripped off too!

mikey_bach

wonder if anyone can help with this, bought a Saab first week of November from a local garage, now have white smoke pouring from exhaust, dont know what the trouble is yet, but have spoken to the dealer and said there is no comeback as no warranty was given, do we have any rights, think its going to be expensive..

dktreesea

mikey_bach wrote: »

wonder if anyone can help with this, bought a Saab first week of November from a local garage, now have white smoke pouring from exhaust, dont know what the trouble is yet, but have spoken to the dealer and said there is no comeback as no warranty was given, do we have any rights, think its going to be expensive..

If he is a registered commercial dealer, this would apply:

http://whatconsumer.co.uk/buying-a-car/

And note this in particular:

"Beware of car dealers posing as private sellers. They do this to evade their legal rights as regards satisfactory quality."

and this:

"...... if you have bought the car from a dealer, the car must be of satisfactory quality. Satisfactory quality is defined as what a ‘reasonable person’ would regard as acceptable, taking into account factors such as price paid, fitness for purpose specified, appearance and finish, safety and durability. If it becomes apparent that the car was not of the quality you were led to expect, you are quite within your rights to go back to the dealer, even after some weeks or even months of use......"

This site has some explanantions of the Sale of Goods Act which explain it all a bit better and in full:

http://www.oft.gov.uk/business-advice/treating-customers-fairly/sogahome/sogaexplained

Furts

Whether you take the car back for inspection,or reject it, I suggest you have an audit trail of dated correspondence and ideally witnesses.

I have taken a dealer to court - my dated correspondence and witness statements meant the lies from the dealer were exposed.

A key issue backed by the judge was I had reasonable proof of notifying defects in a reasonable time. I had persisted with this whilst the dealers chose to ignore me. I got the car rectified elsewhere ( I had no confidence the dealers would repair the car properly, anyway). I then went to court to recover all my costs - repairs, time, costs, expenses, interest.

This is important ...On a pivotal matter in the hearing the dealers said there is no proof Furts made that phone call or posted us that letter -hence the case is undermined/weakened in two key areas...and we are going to get the upper hand. Fair enough, just my word against theirs and I had no proof.

The judge's response was...looking at Furts correspondence and audit trail compared with the absence of such from you...coupled with my judgement of Furts versus my judgement of you...leads me to believe on the balance of probability Furts would have made that telephone and Furts would have sent that letter. Hence your argument is dismissed...from that moment onwards there was only going to be a defeat for the dealers!

Do not think I am proud or bragging - it was a stressful enormous learning curve with no guarantee I would win. That said, the motor trade has some nasty gangsters working in it and the judge could see this!

Niowrtt

Update:

I took the car back to the trader today and rejected it in writing, but have been convinced to let them try to fix it first.

I have a promise that the faults found will be inspected and repaired if found to be genuine. I can then have the car independently reinspected at the specialist, and if it is still not correct then I can reject it and have a full refund.

This seems okay if the car really can be sorted (I have serious doubts about this) but I made some mistakes in agreeing this, one that I have and will drop off and pick the car up. If it proves to not be fixed correctly, that's a 400 mile total trip in addition to the miles I've done just today. Plus, I'm car-less until it is fixed or I have the money back to pick up a runabout.

harrys_dad

I hope you got the promise to allow you to reject the car once this repair has been done in writing. I am also surprised that you did not ask for a car to use whilst it was being repaired. Having rejected it in writing but then agreed to a repair I suspect you have seriously weakened your position.

Hopefully the repair will work out fine, fingers crossed.

atrixblue.-MFR-.

at this point you cannot reject it, you have an agreement with them to investigate and repair.