Someone please remind me....
Discussion
I've seen a vehicle for sale at a franchised main dealer. It's older than anything a MD would usually put on the forecourt, and potentially priced accordingly (I guess they just want to shift it), and the advert states very clearly:
"This vehicle is being sold as a trade sale with No Warranty Offered or Implied"
Remind me - is anyone who is a bona-fide dealer still bound by the provisions of the Sale of Goods Act and the nominal 3 month "warranty" period, regardless of a statement such as the above? Or does it just become the risk equivalent of a private purchase?
Thx.
"This vehicle is being sold as a trade sale with No Warranty Offered or Implied"
Remind me - is anyone who is a bona-fide dealer still bound by the provisions of the Sale of Goods Act and the nominal 3 month "warranty" period, regardless of a statement such as the above? Or does it just become the risk equivalent of a private purchase?
Thx.
mcflurry said:
Maybe it's a member of staff's car?
Usually a main dealer would send everything over x years and mileage to the auction, with no comeback..
OP has it got a dealers price tag on it or a bit of paper, you could give them a call to see if they deal with you as a customer or say we will get the owner to call you.Usually a main dealer would send everything over x years and mileage to the auction, with no comeback..
No warranty is fine, but you are still covered by the Sale of Goods act, so essentially has to be fit for purpose.
IE I would expect a 10 year old car to be roadworthy, but you cant complain if the CD player doesn't work 100% or air con isnt megga cold. Often the price and age of car dictates what you can reasonably expect. EG: dont buy a £500 banger then moan the sunroof doesn't work!
IE I would expect a 10 year old car to be roadworthy, but you cant complain if the CD player doesn't work 100% or air con isnt megga cold. Often the price and age of car dictates what you can reasonably expect. EG: dont buy a £500 banger then moan the sunroof doesn't work!
TwistingMyMelon said:
No warranty is fine, but you are still covered by the Sale of Goods act, so essentially has to be fit for purpose.
IE I would expect a 10 year old car to be roadworthy, but you cant complain if the CD player doesn't work 100% or air con isnt megga cold. Often the price and age of car dictates what you can reasonably expect. EG: dont buy a £500 banger then moan the sunroof doesn't work!
Great, thanks, that was what I thought. I'm not one to expect the earth and try to make unreasonable claims, I just wanted to be sure what the correct position was before taking it any further.IE I would expect a 10 year old car to be roadworthy, but you cant complain if the CD player doesn't work 100% or air con isnt megga cold. Often the price and age of car dictates what you can reasonably expect. EG: dont buy a £500 banger then moan the sunroof doesn't work!
CAPP0 said:
I've seen a vehicle for sale at a franchised main dealer. It's older than anything a MD would usually put on the forecourt, and potentially priced accordingly (I guess they just want to shift it), and the advert states very clearly:
"This vehicle is being sold as a trade sale with No Warranty Offered or Implied"
Remind me - is anyone who is a bona-fide dealer still bound by the provisions of the Sale of Goods Act
Yes, absolutely - but it isn't SOGA any longer - it's the Consumer Rights Act 2015, since the 1st October."This vehicle is being sold as a trade sale with No Warranty Offered or Implied"
Remind me - is anyone who is a bona-fide dealer still bound by the provisions of the Sale of Goods Act
CAPP0 said:
and the nominal 3 month "warranty" period
There is no such thing, never has been.Basically, used cars have to be in the condition you would expect of a vehicle of that age, price and basic description. No more, no less. There is a rough presumption of faults being present at the time of sale if they appear within six months but, for a used car, that depends on the fault.
To me, when seen at a dealers, who will know full well their legal position, the phrase "trade sale, sold as seen" actually means "this car's more than a little bit f
ked, but there's no way you're ever going to get a penny back out of us once you've handed over your hard earned".... or, more simply, "run away".
ked, but there's no way you're ever going to get a penny back out of us once you've handed over your hard earned".... or, more simply, "run away".A car which is sold from trade premises, by an employed salesman to a member of the public will be deemed by the law to be a retail sale regardless of what their sign says. This means it will be covered by the Consumer Rights Act and all the implications of that.
However, whether you have the means, the ability and the stomach for an extended battle with a recalcitrant dealer who patently wishes to avoid their legal obligations if the car develops a problem is another matter entirely.
Walk. Actually, no - run, and run far and quickly!
However, whether you have the means, the ability and the stomach for an extended battle with a recalcitrant dealer who patently wishes to avoid their legal obligations if the car develops a problem is another matter entirely.
Walk. Actually, no - run, and run far and quickly!
littleredrooster said:
A car which is sold from trade premises, by an employed salesman to a member of the public will be deemed by the law to be a retail sale regardless of what their sign says. This means it will be covered by the Consumer Rights Act and all the implications of that.
However, whether you have the means, the ability and the stomach for an extended battle with a recalcitrant dealer who patently wishes to avoid their legal obligations if the car develops a problem is another matter entirely.
Walk. Actually, no - run, and run far and quickly!
This with knobs on. Any dealer trying to pull this sort of stunt is one to be avoided. However, whether you have the means, the ability and the stomach for an extended battle with a recalcitrant dealer who patently wishes to avoid their legal obligations if the car develops a problem is another matter entirely.
Walk. Actually, no - run, and run far and quickly!
A franchised dealer though?
Spangles said:
This with knobs on. Any dealer trying to pull this sort of stunt is one to be avoided.
A franchised dealer though?
Twas indeed. However, notwithstanding previous advice, which I heed, I had already sent a few questions by email, and have had no response some 3 days later, so it's whiffy on all counts really.A franchised dealer though?
Edited by CAPP0 on Friday 13th November 19:11
TooMany2cvs said:
Basically, used cars have to be in the condition you would expect of a vehicle of that age, price and basic description. No more, no less. There is a rough presumption of faults being present at the time of sale if they appear within six months but, for a used car, that depends on the fault.
Someone I know is going through this; gearbox failure on a used 10+ yr old, 60k mile sports car, about 5 months and less than 2k miles from dealer purchase.TooMany2cvs said:
Digga said:
omeone I know is going through this; gearbox failure on a used 10+ yr old, 60k mile sports car, about 5 months and less than 2k miles from dealer purchase.
Good luck with that - he's going to need it...
Yes my thoughts, although, as he says, a gear would not fail in that time.
Bigger problem, aside legal, is scoring a pyrrhic victory; win the case, dealer folds business. Happens all the time.
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