Just about to buy a 2008 XKR. Quick question.
Discussion
Morning all, i shall be making my way shortly to pick up a 2008 XKR.
Quick question, the car is being sold at a small car dealers which just deal in second hand cars up to a value of seven grand but they were selling a 2008 XKR. The car apparently belongs to the owner of the dealers. When speaking to a salesman the other day i'm pretty sure he said there is still some main dealer warranty remaining on the car but when i called Jaguar yesterday they confirmed there was not at that it ran out in January. I plan on putting a Jaguar main dealer warranty on the car but wanted to confirm that i should still be covered by law for 3 months parts and labour as i'm buying the car through a dealer? Is this correct? also there isn't a chance that when i buy the car they then say it was a private sale and it was just advertised on his dealer website because he is the owner? What documentation should i get to confirm it is a trade sell? Surely the reciept would be sufficient? or would it?
Some real amatuer questions here but i just want to make sure i don't do something stupid and shoot myself in the foot.
Thanks in advance!
Quick question, the car is being sold at a small car dealers which just deal in second hand cars up to a value of seven grand but they were selling a 2008 XKR. The car apparently belongs to the owner of the dealers. When speaking to a salesman the other day i'm pretty sure he said there is still some main dealer warranty remaining on the car but when i called Jaguar yesterday they confirmed there was not at that it ran out in January. I plan on putting a Jaguar main dealer warranty on the car but wanted to confirm that i should still be covered by law for 3 months parts and labour as i'm buying the car through a dealer? Is this correct? also there isn't a chance that when i buy the car they then say it was a private sale and it was just advertised on his dealer website because he is the owner? What documentation should i get to confirm it is a trade sell? Surely the reciept would be sufficient? or would it?
Some real amatuer questions here but i just want to make sure i don't do something stupid and shoot myself in the foot.
Thanks in advance!
Good questions, unfortunately I dont have the answers but my advice would be to explain exactly your concerns to the dealership and ask that it be written on the reciept that this is a trade sale.
If the dealership is honest then they will understand your concerns and oblige to keep you happy.
If they refuse then, you need to ask yourself why they are not willing to put the Trade name behind the sale.
Just explain it to them as you have done in your post above and they should realise your not playing silly buggers, instead just buying with your head.
If the dealership is honest then they will understand your concerns and oblige to keep you happy.
If they refuse then, you need to ask yourself why they are not willing to put the Trade name behind the sale.
Just explain it to them as you have done in your post above and they should realise your not playing silly buggers, instead just buying with your head.
Afternoon Mark,
To answer a few questions for you:
The Sale of Goods Act 1979 Part 2 Section 14, as modified by the Supply of Goods and Services Act 1982, subsequently modified by the Sale and Supply of Goods Act 1994, contending that the supplier is in breach of contract for supplying a car which was not "of satisfactory quality", or did not remain so for a reasonable period of time.
Case law (Rogers v Parrish) [1987] has put a limit of 6 months on the time you can successfully reject a car and obtain a full refund, though lesser refunds, taking account of mileage covered, may be obtained outside that period. The price paid compared to market value will be taken into account. So if the car was sold on trade terms the good cannot be rejected.
The Supply of Goods to Consumers Regulations 2002 is derived from EU Directive 1999/44/EU which became Clauses 48A to 48F inclusive of the Sale of Goods act in April 2003. This reverses the burden of proof so that if goods go faulty within six months after purchase it is deemed they were faulty at the time of purchase and the trader has the onus of proving that the item is not defective due to a manufacturing defect.
Within the first six months the consumer returns the goods from the date of sale and requests a repair or replacement or a partial refund. In that case, the consumer does not have to prove the goods were faulty and/or developing at the time of sale - it is assumed that they were. If the retailer does not agree, it is for the retailer to prove that the goods were satisfactory at the time of sale.
Also, it is sufficient to get a invoice for the car to show it was a trade sale.
To answer a few questions for you:
The Sale of Goods Act 1979 Part 2 Section 14, as modified by the Supply of Goods and Services Act 1982, subsequently modified by the Sale and Supply of Goods Act 1994, contending that the supplier is in breach of contract for supplying a car which was not "of satisfactory quality", or did not remain so for a reasonable period of time.
Case law (Rogers v Parrish) [1987] has put a limit of 6 months on the time you can successfully reject a car and obtain a full refund, though lesser refunds, taking account of mileage covered, may be obtained outside that period. The price paid compared to market value will be taken into account. So if the car was sold on trade terms the good cannot be rejected.
The Supply of Goods to Consumers Regulations 2002 is derived from EU Directive 1999/44/EU which became Clauses 48A to 48F inclusive of the Sale of Goods act in April 2003. This reverses the burden of proof so that if goods go faulty within six months after purchase it is deemed they were faulty at the time of purchase and the trader has the onus of proving that the item is not defective due to a manufacturing defect.
Within the first six months the consumer returns the goods from the date of sale and requests a repair or replacement or a partial refund. In that case, the consumer does not have to prove the goods were faulty and/or developing at the time of sale - it is assumed that they were. If the retailer does not agree, it is for the retailer to prove that the goods were satisfactory at the time of sale.
Also, it is sufficient to get a invoice for the car to show it was a trade sale.
I would expect any dealer selling a car like this to give it a proper used car warranty, whether it "belongs to the owner" or not. If they refuse I would be very wary indeed. If you're concerned you could always ask them to allow you to take the car to a Jaguar main dealer and have a certified pre owned car inspection prior to your purchase. Assuming the system is the same there as here in the USA the car would need to pass that inspection if you were going to put a Jaguar certified warranty on it anyway. If they refuse that too I would walk away.
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