Used car dealer and a 10 year old car.

forgotmyname

This popped up on another forum and i thought can a dealer do that..

Its a 10 year old car and the buyer knows there will be some bits that maybe work and will need replacing, They are quite fussy and will be polishing it to look better than new anyway. So they know what needs doing.

When they haggled the price down the dealer says because they didnt pay the screen price there will be no warranty or comeback.
I thought its that legal?

I have bought vehicles on trade terms, But it was a simple case of this is the price and if you are willing to do a trade sale its £500 less.
I had the car on the ramp and inspected every inch and bought at the trade price. It was a brill car.

Anyway, Back to the main question. Legal or not?

My thoughts are a garage that you may want to avoid either way.

nicholaswitchell

Eh?

So are you the buyer of the car?

The car is brill but you want to advise people to stay away anyway?

What on earth are you on about?

Hintza

nicholaswitchell wrote: »

What on earth are you on about?

From the guy who wants to know how many packets of crisps people eat!

Generali

If you buy A Thing and are a consumer then you get your full rights as a consumer regardless of any T&Cs that you agree with the seller of The Thing.

If you buy A Thing as a business then you enter into a contract with the seller and that contract dictates what comeback you have after purchase.

When you buy A Thing you are either a business or a consumer and no matter how hard the seller or buyer tries they can't turn from one thing to another.

Hintza

The trouble is the law is very much in the buyers favour, which in 99% of cases is the way it should be. Buyers have the protection of SOGA.

This then makes it very difficult for traders to sell old bangers thus most go to auction where there is no comeback on the trader. If a seller is going to sell a banger retail then they have to price in a hefty premium to cover themselves.

Of course if you know the trader and he knows you and you both go in to a deal with your eyes open and he knows you are not going to come back quoting SOGA then he will give you a good deal.

chrisw

Generali wrote: »

If you buy A Thing and are a consumer then you get your full rights as a consumer regardless of any T&Cs that you agree with the seller of the thing

Surely the T&cs are still relevant as you would have no comeback if it was as described. So if the seller said the gearbox is broken and the car is only suitable for scrap, you couldn't go back and claim it was faulty or unroadworthy.

colino

Nice and simple, if it is sold to a consumer, the consumer enjoys full SOGA rights (it is the traders to sell, it's fit for purpose and is of a condition that reflects age, mileage and price). The only get around is that the trader discloses known faults (and would be wise to record them on a receipt), but sidestepping rights is explicitly prohibited in law.

motorguy

forgotmyname wrote: »

When they haggled the price down the dealer says because they didnt pay the screen price there will be no warranty or comeback.
I thought its that legal?

Its not illegal to say "discount of £500 in lieu of warranty" or to not provide a warranty, however its illegal to try to deny the buyer their rights under the SOGA.

I would guess hes trying to say "if you're buying it at £XXXX, then you're buying it as it sits". Legally he cant enforce that though.

AdrianC

He is entirely within his rights to state up front that not only will there be no warranty (not required by law), but he will not be making any goodwill gestures above and beyond the statutory rights he legally has to comply with.

For a 10yo car, SOGA isn't going to give very much protection unless it's completely knackered. SOGA's protection is tempered by age, price, reasonable expectations etc.

forgotmyname

Hintza, Motorguy cheer,s. nicholaswitchell You need to stop smoking that stuff.

Yeah, He is a private buyer, And would not purchase a car under a trade sale that i would be happy to do if it saved me money.

Another thing in his favour is that he paid a deposit by credit card also. So if the car does turn out to be troublesome i can see him having to take teh trader to court for his repairs or money back.

In my case with my previous car, Although a private buyer i bought it with a £500 discount under trade sale terms. Are you saying i could have claimed from the seller if it turned out to be faulty? I bought it with the thought that if it broke down on the way hom tough luck its mine. But i was happy with that sale and the car was a good one anyway.

atrixblue.-MFR-.

forgotmyname wrote: »

Hintza, Motorguy cheer,s. nicholaswitchell You need to stop smoking that stuff.

Yeah, He is a private buyer, And would not purchase a car under a trade sale that i would be happy to do if it saved me money.

Another thing in his favour is that he paid a deposit by credit card also. So if the car does turn out to be troublesome i can see him having to take teh trader to court for his repairs or money back.

In my case with my previous car, Although a private buyer i bought it with a £500 discount under trade sale terms. Are you saying i could have claimed from the seller if it turned out to be faulty? I bought it with the thought that if it broke down on the way hom tough luck its mine. But i was happy with that sale and the car was a good one anyway.

Trade sale for a customer transaction NO WAY. have never ever bought my cars like that and have walked when I heard terms like "Line of sight warranty and trade sale only" or "sold as seen" or "its a gated warranty as soon you go through the gates its no longer warranted" and the best one I heard was "It has a Haynes warranty, for £15 extra it comes with a Haynes manual and you repair it yourself, this ones a sold as it sits mate!"
ive walked at every single time wont consider a car on those terms as retail/off the street customer.