Sale manipulation help

[Yxgnz]

I think I’ve made a massive Boo Boo 😂

So I bought a second hand trade in from a business which was stated as ‘sold as seen’ when viewing it passed all my pre reqs and passed an MOT.

When I came to buy the car it was then stated as spares and repairs sold as seen which did bug me but having no experience buying second hand cars, I trusted that it was just standard practice with ‘sold as seen’.

18 miles later transmission fault….

Do I have any sort of leg to stand on or has my own lack of awareness shot me in the foot.

The dealer had said to me that he’s been driving it etc and never made me aware of any faults etc plus when inspecting there was obviously no fault lights etc.

Any potential advice or guidance would be appreciated and I fully understand the hate that’s gonna be coming my way 😂

Thank you

[MDMA .]

It’s the spares and repairs on the “receipt” that’s the problem. If you’ve agreed to that, then that’s what you’ve bought. No come back. Bit sneaky, but only you were there at the time and the deal didn’t have to go through.

[Yxgnz]

Reading online thou if a car is sold as ‘spares and repairs’ then the buy should be made aware of the reasons the car is unroadworthy or at least some inkling towards that where in this instance there was none, and like mentioned he said to me he personally had been driving it

[cuprabob]

This thread is on a similar topic therefore may be helpful

https://www.pistonheads.com/gassing/topic.asp?h=0&...

[Yxgnz]

Also I will add the advertisement on their website doesn’t state spares or repairs at any point

[fridaypassion]

Poacher turning gamekeeper here. To make this stick the car would have to be none running at the point of sale. Sometimes legitimate sales are done in this way and us as dealers MUST protect ourselves from unscrupulous punters as much as the other way around. The way to achieve none running status is to disconnect the battery at the point of sale and you would take a picture of this. It sounds silly but thats one of the only ways you can prove the car wasn't running and is about the only way you would get spares or repairs to actually stick in court.

If they have deliberately tucked you up with a known faulty car this is wrong and you would definitely have a case.

[Yxgnz]

Car was running fine advertised as a ‘PX for sale’ with no other description car was MOT’d and he tax’s it for me there and then and he drove it off the forecourt and then watched me drive away

[fridaypassion]

They haven't got a leg to stand on and as a trader if they have tucked you up deliberately they deserve a kicking in court. The jobs hard enough for us without this sort of thing. They had the option of sticking into BCA so its a dangerous game to serve it up to a punter

[Nickp82]

To add to the above, I think spares/repairs sales are also required to be transported off the dealer premises to qualify as such, not driven.

[fridaypassion]

Doesn't matter how they are uplifted. The car would be presented in a none working state due to the disconnection of the battery. If the buyer connects the battery and gets it working thats them fixing it in the eyes of the law. Most traders that sell each other spares for repairs cars would do this its a standard thing within the trade that completely watertights the sale.

[Sebring440]

Nickp82 said:

To add to the above, I think spares/repairs sales are also required to be transported off the dealer premises to qualify as such, not driven.

"Required"...?

[Nickp82]

Sebring440 said:

"Required"...?

Having had a further look to satisfy my curiosity, it seems to be more a requirement of the dealer to advertise it as needing transporting (and get customer to sign in agreement) rather than it actually having to happen. The battery disconnection seems a simple way to deal with it though

https://www.lawgistics.co.uk/blog/legal_updates/us...

[grumpy52]

Unless the rules have changed of it was sold with a known issue that wasn't declared then the dealer gets a spanking. The problem comes in proving they knew about the issue.
If you can discover the previous owner and they can confirm the issue then it's winner winner .
My experience tells me that many traders don't spot all faults on PX cars and when they discover them they pass them on by any means available

[andy43]

If a fault that appears after 18 miles can get you a full refund on a ‘sold as seen’ car only fit for the auctions, how far is a dealer supposed to drive their decent stock before releasing them to unsuspecting punters?
I couldn’t be a car dealer.