Do car dealers have to offer a warranty?

Do car dealers have to offer a warranty?

Author
Discussion

eatcustard

Original Poster:

1,003 posts

126 months

Thursday 27th August 2015
quotequote all
Looking to replace a car and have found this on a dealers Ebay website, can they sell a car with no warranty or do they have to offer a minimum length of time i.e. 28 days

Taking into account most his cars are £3k+

Sorry for caps

ANY AA RAC INSPECTIONS ARE WELCOME BEFORE PURCHASING ANY CAR. ALL CARS ARE SUBJECT TO AN ADMIN CHARGE OF £75 FOR PURCHASES AND FOR FAILED PURCHASES OUT OF POCKET EXPENSES WILL BE CHARGED.PREPARATION COST OF £35,ADMIN £75 storage £15 per day,YOU WILL BE LIABLE FOR THESE ON A ABORTED SALE REMAINDER OF DEPOSIT WILL BE RETURNED! ALL CARS SOLD BY US AT THE EBAY PRICE COME WITH NO WARRANTY AND NOT SERVICED AS AT A REDUCE CLEARANCE PRICE..PRE INSPECTION AND SERVICING AVAILABLE EXTRA COST PLEASE ASK.EXTRA WARRANTY COVER CAN BE PURCHASED PLEASE ENQUIRE AT POINT OF DEPOSIT OR PURCHASE. DELIVERY CAN BE ARRANGED ALL OVER THE UK WITH OUR THIRD PARTY COMPANY, ANY DELIVERY ARRANGED MUST BE PAID FOR BEFORE HAND TOTALLY NON REFUNDABLE AS PAID TO THIRD PARTY. ALL RETURNS COSTS TO BE PAID BY CUSTOMER.

Roo

11,503 posts

206 months

Thursday 27th August 2015
quotequote all
No they don't but they can't get out of their obligations under SOGA.

Assuming that text is taken from their advert I'd avoid them anyway.

eatcustard

Original Poster:

1,003 posts

126 months

Thursday 27th August 2015
quotequote all
Roo said:
No they don't but they can't get out of their obligations under SOGA.

Assuming that text is taken from their advert I'd avoid them anyway.
Yes the text is direct from the advert and dont worry, I would avoid them

catman

2,490 posts

174 months

Thursday 27th August 2015
quotequote all
Likewise. I wouldn't touch them with a bargepole. They're clearly trying to get out of their legal obligations before you've even bought the car.

Tim

750turbo

6,164 posts

223 months

daemon

35,721 posts

196 months

Thursday 27th August 2015
quotequote all
Roo said:
No they don't but they can't get out of their obligations under SOGA.
+1

They effectively have to "warrant" the condition of the car, but they dont have to provide a warranty.

TheEnd

15,370 posts

187 months

Thursday 27th August 2015
quotequote all
Balls to him.
I certainly wouldn't be paying admin charges and whatever other crap that is him doing his own job, especially with the no warranty stuff.

4rephill

5,040 posts

177 months

Thursday 27th August 2015
quotequote all
Huh? confused : "EXTRA WARRANTY COVER CAN BE PURCHASED PLEASE ENQUIRE AT POINT OF DEPOSIT OR PURCHASE."


How does that work when they've already stated: "ALL CARS SOLD BY US AT THE EBAY PRICE COME WITH NO WARRANTY AND NOT SERVICED AS AT A REDUCE CLEARANCE PRICE."


How can you purchase extra warranty when there's no warranty in the first place? confused




Jasandjules

69,825 posts

228 months

Thursday 27th August 2015
quotequote all
I would avoid them like the plague.

Not just because of the "admin fee" either....

Moonhawk

10,730 posts

218 months

Friday 28th August 2015
quotequote all
An addition to the SOGA already mentioned - wouldn't distance selling regs also apply for a car bought via ebay (assuming it's not a private sale).

Jarcy

1,559 posts

274 months

Friday 28th August 2015
quotequote all
4rephill said:
Huh? confused : "EXTRA WARRANTY COVER CAN BE PURCHASED PLEASE ENQUIRE AT POINT OF DEPOSIT OR PURCHASE."


How does that work when they've already stated: "ALL CARS SOLD BY US AT THE EBAY PRICE COME WITH NO WARRANTY AND NOT SERVICED AS AT A REDUCE CLEARANCE PRICE."


How can you purchase extra warranty when there's no warranty in the first place? confused
Mad Hatter: Would you like a little more tea?
Alice: Well, I haven't had any yet, so I can't very well take more.
March Hare: Ah, you mean you can't very well take less.
Mad Hatter: Yes. You can always take more than nothing.


funkyrobot

18,789 posts

227 months

Friday 28th August 2015
quotequote all
The seller is clearly and idiot and must believe that if they write some nonsense in capitals, it's the law.

If anything, these sort of terms show you all you need to know about the condition of the vehicle.

As mentioned above, run. Fast. smile

mikeveal

4,557 posts

249 months

Friday 28th August 2015
quotequote all
Just for snorts and giggles, ask him a question via ebay:
"Hi, I'm a little confused by your ebay auction wording, could you please clarify? You say: "ALL CARS SOLD BY US AT THE EBAY PRICE COME WITH NO WARRANTY".
Are you saying that as a trader you can avoid your SOGA responsibilities?

If you agree that you are bound by the SOGA please confirm that you do indeed warrant the car will be fit for purpose.

If you are able to avoid your SOGA responsibilities, please explain how."

But yeah, I agree with everyone else. This is someone I wouldn't buy a pint of milk from, let alone a car.

andymc

7,334 posts

206 months

Friday 28th August 2015
quotequote all
Dicks like these make the job so much harder for the likes of the rest of us, can you put the item I.D rather than directly link

BertBert

18,953 posts

210 months

Friday 28th August 2015
quotequote all
mikeveal said:
If you agree that you are bound by the SOGA please confirm that you do indeed warrant the car will be fit for purpose.
Are you sure about that? The SOGA says the goods shall be for for purpose, not that the seller warrants that to be the case. They are different.
Bert

daemon

35,721 posts

196 months

Friday 28th August 2015
quotequote all
BertBert said:
mikeveal said:
If you agree that you are bound by the SOGA please confirm that you do indeed warrant the car will be fit for purpose.
Are you sure about that? The SOGA says the goods shall be for for purpose, not that the seller warrants that to be the case. They are different.
Bert
The dealer has to warrant the condition of the car - ie, it has to be as described. Thats different from providing a warranty.

BertBert

18,953 posts

210 months

Friday 28th August 2015
quotequote all
daemon said:
The dealer has to warrant the condition of the car - ie, it has to be as described. Thats different from providing a warranty.
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

daemon

35,721 posts

196 months

Friday 28th August 2015
quotequote all
BertBert said:
daemon said:
The dealer has to warrant the condition of the car - ie, it has to be as described. Thats different from providing a warranty.
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
It may well have a specific meaning in a contract, however from the Collins English dictionary - Warrant - "to give formal assurance"

That is to say, the dealer must give formal assurance as to the condition of the car - ie, it must be as described.

For example the mileage on a car could be described as "not warranted" - that is, that the dealer cannot give formal assurance of the mileage.

Likewise if i say i am warranting the condition of this car as being free from major defects then i am giving you a formal assurance.


daemon

35,721 posts

196 months

Friday 28th August 2015
quotequote all
Examples used in the context of motor vehicles.

https://sellcar.co.uk/terms-and-conditions/

Your Warranties
The Seller expressly warrants that all the information supplied during the on-line valuation process is accurate and true.
The Seller warrants that the vehicle is not subject to undisclosed finance.
The Seller warrants to the best of his knowledge and belief that the vehicle has not been an insurance write-off or involved in any other serious accident that required substantial remedial repairs.
The Seller warrants the mileage reading on the vehicle is true and accurate and that the odometer has not, to the best of his knowledge and belief, been tampered with.
The Seller warrants that there are no undisclosed physical defects with the vehicle that a prudent purchaser would want to be informed about (including cut and shuts, mechanically unsound or inoperable, unroadworthy and/or chassis damage and the like).
The Seller warrants that there are no undisclosed "title defects" with the vehicle that a prudent purchaser would want to be informed about.
The Seller warrants that he is the legal owner of the vehicle, has the right to transfer the full unencumbered legal title and full ownership of the vehicle to the Company.
The Seller warrants than no other person has any claim to the vehicle whether legal, equitable, possessory or otherwise.

(ie, the seller is warranting the condition of the car)

CYMR0

3,940 posts

199 months

Saturday 29th August 2015
quotequote all
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.