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Bought 2nd hand car this morning big problems..

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Comments

  • motorguy
    motorguy Posts: 22,615 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    failure 2 hours after purchase, it would be wholly deemed that the fault was there at the time of sale, and therefore down to the seller to sort out.

    Also, legally the buyer hasnt "accepted" the car at this point, so the O/P would be within their rights to ask for a refund in full.
  • vaio
    vaio Posts: 12,287 Forumite
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    arcon5 wrote: »
    .........If it was say the fuel sensor and service history shows it was replaced a few months ago then it would reasonable to say it's lasted a few months and is therefore faulty.
    If it's never been changed then the question would be 'is 11 years/80k miles a reasonable amount of time for the sensor to last?'. Because realistically that's how long it's remained durable, not the 2hrs, 2 days or whatever.

    this is the bit I think is wrong, I think the durability clock gets re-set when the new owner buys it from the dealer.

    obviously the durability clock runs out sooner on a £1k 11 year old 80k miles car then it would on something newer/more expensive but to suggest that 2 hours is reasonable for a £1k car is, I think, just silly.

    If the durability clock doesn't get reset for the new buyer then it runs from original manufacture which effectively means there would be no SoG rights on any second hand car over three years/60k miles
  • arcon5
    arcon5 Posts: 14,099 Forumite
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    edited 27 July 2014 at 5:35PM
    The 'durability clock ' resetting doesn't make sense.. With that logic if a car is regularly sold it should last forever.

    you don't loose rights under soga either as time and mileage pass, it's just most things can be attributed to fair wear and tear rather than a fault.

    if a sensor went at 60k it could easily be reasonable wear. If the engine blew it could easily and reasonably be a fault (assuming not user damaged ofcourse)
  • Aretnap
    Aretnap Posts: 5,842 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    arcon5 wrote: »
    The 'durability clock ' resetting doesn't make sense.. With that logic if a car is regularly sold it should last forever.
    Not reset as such, but the requirement for the goods to be of satisfactory quality applies as much to a second hand car as a new one. "Satisfactory" being interpreted in line with what you would reasonably expect from a car of that age, price, description etc. Obviously when buying an eleven year old car you don't expect it to have the same durability and reliability as a new car, that would be ridiculous, but you do generally expect to be able to drive it home from the dealer's without breaking down.
    you don't loose rights under soga either as time and mileage pass, it's just most things can be attributed to fair wear and tear rather than a fault.

    if a sensor went at 60k it could easily be reasonable wear. If the engine blew it could easily and reasonably be a fault (assuming not user damaged ofcourse)
    Wear and tear and fault are not mutually exclusive. A clutch which failed at 60k miles might not be the result of a fault with the original manufacture, but it's still a fault from the point of view of someone buying a second hand car which turns out to have a knackered clutch. A dealer who acquires a car with a worn out clutch should either fix it himself before selling it, or draw the buyer's attention to the problem before the sale. If he does neither he's laying himself open to a claim under SOGA. Same if he sells a car with a knackered sensor.
  • welfayre
    welfayre Posts: 182 Forumite
    Aretnap wrote: »
    If he does neither he's laying himself open to a claim under SOGA. Same if he sells a car with a knackered sensor.



    How do you prove the sensor was knackered? The OP says the test drove the car with no issues before buying it.
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