Dodgy Dealer - selling cars as trade/spares repair

markthompson32

Hi, Looking for some advice on behalf of my sister who has been right royally stung buying a 2nd hand car.

She bought from a dealer who has sold the car as a 'trade sale' for 'spares and repair' according to the receipt which is full of clauses saying the car isnt roadworthy and the buyer agrees to pay for all required repairs etc. None of this was made clear up front and was just written on the invoice which my sister signed without reading (not advisable!).

Anyway couple of days later car had serious faults with driveshaft and clutch needing £100s worth of repairs. My sister scared that she signed something that gets rid of her rights will not approach the dealer to get them to rectify/contribute to the repairs.

Bizarrely despite selling a car that is roadworthy it also came with a 12 month warranty? (no good for the wear and tear faults experienced)

I dont believe it is even legal for a dealer to sell a car to a member of the public as trade sale, sold as seen, spares repair etc. misleadingly or not?? Is that correct?

It doesnt seem right you can sign your statutory rights away like that either, can she still look to claim back via sale of goods act as the car was obviously faulty when purchased

Finally it was bought on a credit card by my father, can she look to invoke section 75 protection if attempts with the dealer fail?

Disappointed such crooks exist out there but I am determined to help her get some comeback on this.. any advice greatly appreciated

TradePro

I think we need to know what the car is and the price paid as a starting point please - was it priced like a 'proper car', or as a bargain corner cheapie? I think traders can sell off the cheaper stuff without a warranty, but of course have to make it clear that they are doing so.

motorguy

markthompson32 wrote: »

Hi, Looking for some advice on behalf of my sister who has been right royally stung buying a 2nd hand car.

She bought from a dealer who has sold the car as a 'trade sale' for 'spares and repair' according to the receipt which is full of clauses saying the car isnt roadworthy and the buyer agrees to pay for all required repairs etc. None of this was made clear up front and was just written on the invoice which my sister signed without reading (not advisable!).

Anyway couple of days later car had serious faults with driveshaft and clutch needing £100s worth of repairs. My sister scared that she signed something that gets rid of her rights will not approach the dealer to get them to rectify/contribute to the repairs.

Bizarrely despite selling a car that is roadworthy it also came with a 12 month warranty? (no good for the wear and tear faults experienced)

I dont believe it is even legal for a dealer to sell a car to a member of the public as trade sale, sold as seen, spares repair etc. misleadingly or not?? Is that correct?

It doesnt seem right you can sign your statutory rights away like that either, can she still look to claim back via sale of goods act as the car was obviously faulty when purchased

Finally it was bought on a credit card by my father, can she look to invoke section 75 protection if attempts with the dealer fail?

Disappointed such crooks exist out there but I am determined to help her get some comeback on this.. any advice greatly appreciated

The crux of the matter is - and i got this directly from a magistrate - how was the car taken off the premises?

If it was driven off, then it is very likely to be deemed that the dealer was evading their obligations under the SOGA.

If it was towed away or trailered away, then chances are he can make spares or repair stick.

Ring trading standards - they love this sort of thing.

For info, a dealer CAN sell a car as 'spares or repair' to a member of the general public.

motorguy

TradePro wrote: »

I think we need to know what the car is and the price paid as a starting point please - was it priced like a 'proper car', or as a bargain corner cheapie? I think traders can sell off the cheaper stuff without a warranty, but of course have to make it clear that they are doing so.

A trader can sell a car with 'no warranty implied or given', however that does not change their obligations under the SOGA to warrant the condition of the car.

markthompson32

motorguy wrote: »

The crux of the matter is - and i got this directly from a magistrate - how was the car taken off the premises?

If it was driven off, then it is very likely to be deemed that the dealer was evading their obligations under the SOGA.

If it was towed away or trailered away, then chances are he can make spares or repair stick.

Ring trading standards - they love this sort of thing.

For info, a dealer CAN sell a car as 'spares or repair' to a member of the general public.

The car was driven away with, MOT, Tax and a warranty provided by the dealer, hardly intended spares or repair if they sold it with a warranty surely

motorguy

markthompson32 wrote: »

The car was driven away with, MOT, Tax and a warranty provided by the dealer, hardly intended spares or repair if they sold it with a warranty surely

Quite correct. I'd ring trading standards, with a view to rejecting the car as 'not fit for purpose'.

System

The description of a car makes a difference. If it is not described as fit for purpose then you can't reject it on the grounds of not being fit for purpose.