Rejecting used car

bod1467

Yes. But the burden of proof (that the issues are due to wear and tear) still lies with the seller within the first 6 months.

unholyangel

Wear and tear isnt actually excluded from SoGA specifically. What it says is:

[F10(2)Where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract are of satisfactory quality.

(2A)For the purposes of this Act, goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances.

(2B)For the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods—
(a)fitness for all the purposes for which goods of the kind in question are commonly supplied,
(b)appearance and finish,
(c)freedom from minor defects,
(d)safety, and
(e)durability.

Of course, there's also the matter of the goods having to correspond to their description of being in "superb condition".

Stephenrjy87

Update - tried one last attempt speaking to dealer on phone. He said it is my responsibility to get the car to him at my expense. He said he would get only the coolant leak looked at - couldn't say when, or how long it would take. And if he would actually repair it.

I also had a meeting with a solicitor this morning and showed all my evidence etc. she was confident in that I could reject the car on the grounds of it not being satisfactory quality and being mis described on the original advert. Also stated that he supplied the faulty car so it's up to him to collect it and do any repairs, at his expense.

So it looks like that may well be my only option. Very stressed now by this. Any more input would be greatly appreciated

unholyangel

Stephenrjy87 wrote: »

Update - tried one last attempt speaking to dealer on phone. He said it is my responsibility to get the car to him at my expense. He said he would get only the coolant leak looked at - couldn't say when, or how long it would take. And if he would actually repair it.

I also had a meeting with a solicitor this morning and showed all my evidence etc. she was confident in that I could reject the car on the grounds of it not being satisfactory quality and being mis described on the original advert. Also stated that he supplied the faulty car so it's up to him to collect it and do any repairs, at his expense.

So it looks like that may well be my only option. Very stressed now by this. Any more input would be greatly appreciated

SoGA states:

(2)If the buyer requires the seller to repair or replace the goods, the seller must—
(a)repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;
(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

But more than that, its a principle in common law that where one party breaches a contract, they are liable for reasonable costs incurred by the "innocent" party as a result of their breach - although you do have a statutory duty to reasonably mitigate your losses where possible.