Do car dealers have to offer a warranty?

[daemon]

CYMR0 said:

BertBert said:

No they don't. To "warrant" something in a contract has a specific meaning. The SOGA says it must be as described/fit for purpose, not that the dealer has to warrant that. It's different and to do with mitigating losses.
Bert

Can you please explain how the obligations under SOGA do not operate as an implied warranty?

Lawyer-speak or non-lawyer speak will be fine, thanks.

If you can differentiate, please explain how the damages due for breach of the term (warranty or otherwise) would be different and what the practical effect would be.

Note that I agree that the implied term/warranty is not a condition, a representation or an indemnity.

[gothatway]

eatcustard said:

NOT SERVICED AS AT A REDUCE CLEARANCE PRICE.

So ... does that mean that the price was reduced (for clearance), and therefore before it was reduced it was at a non-reduced, non-clearance price and therefore would have been serviced ?

[Sheepshanks]

Not sure what the problem is here?

The seller's terms are pretty clear so you can choose whether to accept them or not. There's no suggestion SoGA won't apply, he merely says there's no warranty.

[JM]

I've seen a dealer advertise cars as "for spares or repair only", to avoid (presumably) liability under SOGA.

It was on cheap, presumably trad-ins they had taken, but didn't want to warrant as to being in good condition, fit for purpose etc.


As for the dealer being discussed here, no way would I buy a car from him for several things just in that small print already posted. The poor grammar would be enough to put me off, never mind everything else.

[VolvoT5]

I would just buy elsewhere. Any dealer using these kind of clauses on their listsings are clearly trying to 'opt out' of their obligations under consumer rights and this stinks of dodgy trader. You can practically guarantee any problems after purchase would be met with "no warranty mate, fk off", even if the engine had exploded 200 yards down the road on a 20k car.

You have to ask yourself what is the likely quality of vehicle they are selling if they do no pre-sale inspection/service and attempt to restrict consumer rights before money has even exchanged hands.

Just avoid really.