Sale Of Goods Act - Cars?
Discussion
I have a 2002 VX220 and a common fault on them is for condensation to build up inside the headlights due to a poor design, my drivers side headlight has now misted up to the extent it would fail an MOT due to the way it affects the light pattern.
I spoke to vauxhall with regard to possibly contributing towards the cost of replacement (£700
) and they flatly refused saying it was out of warranty and their legal obligations finished there.
Would the headlights then fall under section 14 of the SOGA?
The reason i ask is basically that would it be possible for me to take them to the small claims court over this or is it going to be like pushing water up hill?
My gut feeling is that due to the sheer amount of cases of the lights building up condensation it must be a manufacturing fault, yet i don't know of any attempted cases against vauxhall for it.
I spoke to vauxhall with regard to possibly contributing towards the cost of replacement (£700
) and they flatly refused saying it was out of warranty and their legal obligations finished there.Would the headlights then fall under section 14 of the SOGA?
The reason i ask is basically that would it be possible for me to take them to the small claims court over this or is it going to be like pushing water up hill?
My gut feeling is that due to the sheer amount of cases of the lights building up condensation it must be a manufacturing fault, yet i don't know of any attempted cases against vauxhall for it.
Privity of contract under the sale of goods act means that you actually have a contract with the person who sold it to you and not the person he bought it from.
Therefore, whilst Vauxhall do offer a warranty to the purchaser, and this is transferable you have no contract with Vauxhall.
The warranty has now expired so you have no real recourse on that front.
To claim on the person who you bought it from you would have to do this within a "reasonable" time, so how long ago did you buy the car?
Therefore, whilst Vauxhall do offer a warranty to the purchaser, and this is transferable you have no contract with Vauxhall.
The warranty has now expired so you have no real recourse on that front.
To claim on the person who you bought it from you would have to do this within a "reasonable" time, so how long ago did you buy the car?
Do you need to replace or is there a fix. If it's a known problem then I'm sure other VX owners have figured a cheap fix.
Same thing happens to e39's and various methods have been devised from a couple of hours with a hair dryer just prior to your MOT test to pulling the headlamp unit out, splitting it and sealing with a bead of clear silicone.
Hope there's a way you can save £700.
Same thing happens to e39's and various methods have been devised from a couple of hours with a hair dryer just prior to your MOT test to pulling the headlamp unit out, splitting it and sealing with a bead of clear silicone.
Hope there's a way you can save £700.
Marcellus said:
To claim on the person who you bought it from you would have to do this within a "reasonable" time, so how long ago did you buy the car?
In a private sale, caveat emptor would apply, and unless you directly asked the buyer about this and he recklessly (i.e. he knew or ought to have known) answered, then you have no come-back against him IMHO.I am not even sure if you have a claim in negligence, you would not necessarily be reasonably forseeable in terms of a purchaser...
POORCARDEALER said:
Do you know that if you bought privatly and the car was on the VCAR register ie a write off, that if the seller didnt know you would have no right of recourse with them???
Buyer beware.
How is that relevant to my headlights? Or are you telling me my car is a write off?Buyer beware.
Plotloss said:
You've got no chance whatsoever.
Dry them out, reseal with silicone and carry on.
Mine were replaced under warranty but on a 5 year old car you'd get laughed out of court, if you even found a solicitor mad enough to represent you in such a case.
Fair enough, thanks for clearing it up. The bit i wasn't sure about was the quality of manufacture and whether that had any legal standing.Dry them out, reseal with silicone and carry on.
Mine were replaced under warranty but on a 5 year old car you'd get laughed out of court, if you even found a solicitor mad enough to represent you in such a case.
POORCARDEALER said:
Do you know that if you bought privatly and the car was on the VCAR register ie a write off, that if the seller didnt know you would have no right of recourse with them???
Buyer beware.
As I understand it, even if the seller does know, unless you specificaly ask him ( or her ), then he ( or she ) does not have to tell you anyway. Unless the seller specificaly lies to you ( and you can prove it ), you have no chance. Buyer beware.
This is IMHO, regarding buying a car privately.
Silent1 said:
POORCARDEALER said:
Do you know that if you bought privatly and the car was on the VCAR register ie a write off, that if the seller didnt know you would have no right of recourse with them???
Buyer beware.
How is that relevant to my headlights? Or are you telling me my car is a write off?Buyer beware.
Plotloss said:
You've got no chance whatsoever.
Dry them out, reseal with silicone and carry on.
Mine were replaced under warranty but on a 5 year old car you'd get laughed out of court, if you even found a solicitor mad enough to represent you in such a case.
Fair enough, thanks for clearing it up. The bit i wasn't sure about was the quality of manufacture and whether that had any legal standing.Dry them out, reseal with silicone and carry on.
Mine were replaced under warranty but on a 5 year old car you'd get laughed out of court, if you even found a solicitor mad enough to represent you in such a case.
Ps You did Hpi it didnt you ??
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