Used Car with issued - Rights?
Discussion
Posting for a friend in work.
He bought a 2004 MG ZR about 2 Months ago for £2800.
Since then he has suffered the following issues:
Engine:
- The engine refuses to start 9/10 times (suspected problem with immobiliser)
- Problem with overheating, expansion tank bubbling like a coldren and losing water, yet no sign of water leak (possible head gasket?)
Electrical:
- Speaker cables connected together using chewing gum!
Brakes:
- Occasions where brake pedal has gone straight to the floor, failing to stop the car in a sufficient distance.
Interior:
- Passenger seat has broken trim (I have told him he should have checked this upon inspection)
- The seat is actually loose on the subframe.
He has the car booked in tomorrow for the garage he bought it from, as he has a 3 month warranty, to have a look and he has made them a list. The garage is just a backstreet firm, not a franchise or anything.
I have personally told him to ask for a refund, on the basis that the Car was not as described, is unusable at the vast majority of times, and when is usuable, is unsafe!
Does he have the right to request a refund, or is he screwed?
Disclaimer: The comments above are purley what I have been told by my colleague, so please don't shoot the messenger!
He bought a 2004 MG ZR about 2 Months ago for £2800.
Since then he has suffered the following issues:
Engine:
- The engine refuses to start 9/10 times (suspected problem with immobiliser)
- Problem with overheating, expansion tank bubbling like a coldren and losing water, yet no sign of water leak (possible head gasket?)
Electrical:
- Speaker cables connected together using chewing gum!
Brakes:
- Occasions where brake pedal has gone straight to the floor, failing to stop the car in a sufficient distance.
Interior:
- Passenger seat has broken trim (I have told him he should have checked this upon inspection)
- The seat is actually loose on the subframe.
He has the car booked in tomorrow for the garage he bought it from, as he has a 3 month warranty, to have a look and he has made them a list. The garage is just a backstreet firm, not a franchise or anything.
I have personally told him to ask for a refund, on the basis that the Car was not as described, is unusable at the vast majority of times, and when is usuable, is unsafe!
Does he have the right to request a refund, or is he screwed?
Disclaimer: The comments above are purley what I have been told by my colleague, so please don't shoot the messenger!
paoloh said:
3 month rule?
Urban legend/Pub Law which says that all second hand cars have a 3 month warranty....?!?!? OP, you have to give the garage the chance to fix it. If they don't, come back on here and we can see where to go from there. But in the meantime your mate has to basically let them try and sort it out.
Jasandjules said:
paoloh said:
3 month rule?
Urban legend/Pub Law which says that all second hand cars have a 3 month warranty....?!?!? OP, you have to give the garage the chance to fix it. If they don't, come back on here and we can see where to go from there. But in the meantime your mate has to basically let them try and sort it out.
Warranty and warrant the goods are two different things.
Jasandjules said:
Urban legend/Pub Law which says that all second hand cars have a 3 month warranty....?!?!?
OP, you have to give the garage the chance to fix it. If they don't, come back on here and we can see where to go from there. But in the meantime your mate has to basically let them try and sort it out.
It's more than just what the bloke down the pub says OP, you have to give the garage the chance to fix it. If they don't, come back on here and we can see where to go from there. But in the meantime your mate has to basically let them try and sort it out.
. A Dealer has an obligation to the buyer of a car for some time - 6 months springs to mind (I could be wrong!). What his obligation is, though, is up for debate 
. It could also be argued that the garage's obligations wane as the six months limit gets nearer...Anyway, in the case of a real old high mileage snotter, he would be obliged to do just a little towards remedying problems - perhaps carry out the work and ask you for a contribution to the cost, and this only for the major stuff.
But in the case of a car costing many thousands of quid that is pretty new and low mileage, he'd be obliged to carry out most/all repairs at no cost to you at all.
Not black and white though, nor any statutory definition of obligations here; it's a case of "reasonableness" and is very open to interpretation!
Where might this MG fit in between "snotter" and "expensive"? It's possibly a bit late (like, 8 weeks) to try to hand the car back, sadly
.aw51 121565 said:
Where might this MG fit in between "snotter" and "expensive"? It's possibly a bit late (like, 8 weeks) to try to hand the car back, sadly .
The car is in relatively good nick - as far as MG ZR's go, I'd say it was at the higher end of the market (unmodified, no accident damage, very clean etc). .He has dropped into his garage this morning to hopefully get it sorted, I will post an update when he gets back and we can go from there I think...
See sections 48 A to C of the Sale of Goods Act 1979. Note, however, that the six months provision creates a rebuttable presumption, with a possible get out for a dealer under s 48A(4), which could be relevant in the case of a car that is sold used and then is used some more.
Here is section 48A:-
48A
(1)This section applies if—
(a) the buyer deals as consumer or, in Scotland, there is a consumer contract in which the buyer is a consumer, and
(b) the goods do not conform to the contract of sale at the time of delivery.
(2) If this section applies, the buyer has the right—
(a) under and in accordance with section 48B below, to require the seller to repair or replace the goods, or
(b) under and in accordance with section 48C below—
(i) to require the seller to reduce the purchase price of the goods to the buyer by an appropriate amount, or
(ii) to rescind the contract with regard to the goods in question.
(3) For the purposes of subsection (1)(b) above goods which do not conform to the contract of sale at any time within the period of six months starting with the date on which the goods were delivered to the buyer must be taken not to have so conformed at that date.
(4) Subsection (3) above does not apply if—
(a)i t is established that the goods did so conform at that date;
(b) its application is incompatible with the nature of the goods or the nature of the lack of conformity.
Here is section 48A:-
48A
(1)This section applies if—
(a) the buyer deals as consumer or, in Scotland, there is a consumer contract in which the buyer is a consumer, and
(b) the goods do not conform to the contract of sale at the time of delivery.
(2) If this section applies, the buyer has the right—
(a) under and in accordance with section 48B below, to require the seller to repair or replace the goods, or
(b) under and in accordance with section 48C below—
(i) to require the seller to reduce the purchase price of the goods to the buyer by an appropriate amount, or
(ii) to rescind the contract with regard to the goods in question.
(3) For the purposes of subsection (1)(b) above goods which do not conform to the contract of sale at any time within the period of six months starting with the date on which the goods were delivered to the buyer must be taken not to have so conformed at that date.
(4) Subsection (3) above does not apply if—
(a)i t is established that the goods did so conform at that date;
(b) its application is incompatible with the nature of the goods or the nature of the lack of conformity.
Edited by Breadvan73 on Thursday 2nd June 07:15
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