Sold as seen - Is this legal?

Markb06

Plus its a 2L. They are not cheap on insurance for me and like to drink fuel

Markb06

Aretnap wrote: »

Buying from a trader the Sale of Goods Act applies and you have a right to expect the car to be of satisfactory quality. Obviously that doesn't mean that you can expect a 13 year old car which cost £900 to be as good as a new one. It may have

(1) General wear and tear of the type you'd expect in a car of that age, price and mileage (ie probably quite a lot)
(2) Specific faults which were pointed out to you at the time of sale
(3) Specific faults which weren't pointed out to you and which go beyond the general imperfections you expect in an old car.

(1) and (2) are fine, but (3) gives you grounds to demand your money back. Writing "sold as seen" on the receipt doesn't change that - the trader can't avoid his obligations under SoGA and if there were specific fault which he didn't want comeback on he should have pointed them out to you before money changed hands.

Well surely the speedo and noise from the wheel fall under number 3?

specialboy

WTFH wrote: »

No comeback, but the speedo reading zero will not cause fuel to stop flowing. If the rev counter shows zero because the engine has stalled, that will cause the fuel to stop, but that's not the speedo.

You've bought a 13year old car, I'd guess for less than £300. Does it have an MOT? How much fuel is in the tank?

Where did you get the idea the OP has no comeback? he bought off a trader and the car is not fit for purpose.

jimjames

specialboy wrote: »

Where did you get the idea the OP has no comeback? he bought off a trader and the car is not fit for purpose.

For a 13 year old car would you expect it to be fit for purpose at the time of sale and then for how long? Could be easy for some faults to happen after.

Just bought a similar car and spring went couple of days later, was fine when I test drove but something you might expect from a car of that age.

I'm not sure what faults would be expected as wear and tear or normal for the age.

WTFH

force_ten wrote: »

that adverts shouts buyer beware

FORD FOCUS 2.0LT SPARES/REPAIR, 2001, a car being sold with 2260 miles on it if it been around the clock then say it has, no MOT no tax and no service history

hardly a good example, buy it for £450 and spend £900 to get it on the road .

I was just picking a random advert on autotrader for a 10+ year old Focus.

I'm still concerned that the fault (and diagnosis) as given by the OP is not based on car mechanics, so before he makes those claims to the seller, perhaps he should have the car checked over by a professional.

Markb06

All I wanted on here is advice. Its a shame some of you have to attack me.

Is this what this forum has become?

specialboy

jimjames wrote: »

For a 13 year old car would you expect it to be fit for purpose at the time of sale and then for how long? Could be easy for some faults to happen after.

Just bought a similar car and spring went couple of days later, was fine when I test drove but something you might expect from a car of that age.

I'm not sure what faults would be expected as wear and tear or normal for the age.

If the spring snapped within a couple of days then the car isn't fit for purpose and the dealer should repair it or offer you a refund.

Joe_Horner

Aretnap wrote: »

[...]Writing "sold as seen" on the receipt doesn't change that - the trader can't avoid his obligations under SoGA and if there were specific fault which he didn't want comeback on he should have pointed them out to you before money changed hands.

Aretnap's advice is spot on, but it's worth adding that simply by putting "sold as seen" on a sale to a consumer the trader is actually committing an offence by trying to limit the buyer's rights.

Unfortunately it's an offence that it can be very hard to get anyone to take action over, which is a bit puzzling. If TS started going after every complaint where that was put on a receipt they might finally start getting somewhere in stamping out the cowboys, because it's ONLY the cowboys who use it!

Nodding_Donkey

Why all the snobbery about 13 year old cars? Both mine are 1997 vintage, the Disco is a workhorse that needs fettling all the time but the MX5 is immaculate and would put a lot of newer cars to shame.

arcon5

specialboy wrote: »

If the spring snapped within a couple of days then the car isn't fit for purpose and the dealer should repair it or offer you a refund.

Rubbish! Wear and tear isn't covered by the SOGA. It also considers 'price' and 'description'. And a car described as a gazillion years old would fact in - a spring snapping for an old, used, worn car would be wear and tear unless the dealer advertised it as having 'new' springs.