A dealer's legal liability?
Discussion
What would be a non-franchised dealer's legal liability on a straighforward sale of a used car, of a premium marque, 5 years old, good condition, low mileage, IF the purchaser declined the dealer's kind offer of selling him a 3rd party warranty at the point of sale?
Fortunately I don't have this issue (today!) but the dealer has been ever so slightly sluggish, since I declined the warranty, about sorting a couple of minor issues (non-mechanical) which were agreed pre-sale, so I'm just curious about what the position would be if the car went pop next week and I went back to him without having purchased the 3P warranty?
Fortunately I don't have this issue (today!) but the dealer has been ever so slightly sluggish, since I declined the warranty, about sorting a couple of minor issues (non-mechanical) which were agreed pre-sale, so I'm just curious about what the position would be if the car went pop next week and I went back to him without having purchased the 3P warranty?
Best buy that warranty they offered you, or go and buy one privately or from auction, rather than relying on perceived protection from SOGA and threat of legal action won't be of much use when it does break down and they tell you that you should have bought the warranty they offered you at the time of sale.
rallycross said:
Best buy that warranty they offered you, or go and buy one privately or from auction, being a smart arse and relying on perceived protection from SOGA and threat of legal action won't be of much use when it does break down and they tell you that you should have bought the warranty they offered you at the time of sale.
The warranty they offered you wont be worth the paper its written on - they are compeltely crap. Decline it and try and buy a decent one yourself, from the vehicle manufacturer if possible (ie if its a BMW).@rallycross - thanks, I did appreciate your help on that but when I said to him that I wouldn't sign up without reading the small print first, he did finally produce it and there were just too many potential get-outs.
So, the car is fine, I was simply curious about what his legal liability would be in the event of a short-term failure. Otherwise, I have funds and contingencies in place for the mid- and longer term.
So, the car is fine, I was simply curious about what his legal liability would be in the event of a short-term failure. Otherwise, I have funds and contingencies in place for the mid- and longer term.
Ozzie Osmond said:
Why anyone is daft enough to part with their cash before a car is "right" I will never understand.
If a car's got problems you want them put right BEFORE you pay for - not some feeble assurance they'll be sorted afterwards.
This. If a car's got problems you want them put right BEFORE you pay for - not some feeble assurance they'll be sorted afterwards.
Other posters are very wisely pointing you at alternative warranties. But I'd point you towards alternative cars if the guy can't be bothered to fix any faults before taking your money.
His liability is to ensure the goods are fit for purpose and any significant faults weren't there at the time of sale - typically this means 3 months have to pass.
Advantage of dealer warranty is they can jump on the Rep and get stuff through that you couldn't.
EG loads of alternators are claimed for to cover other faults.
Advantage of dealer warranty is they can jump on the Rep and get stuff through that you couldn't.
EG loads of alternators are claimed for to cover other faults.
Warranties are strange things - you really have to read the small print VERY carefully because they vary in coverage and pretty-much none offer 'total peace of mind', whatever they claim (and most are, frankly, s
te).
If you buy ANY used car (from a just-out-of-warranty newish model to a banger), the coverage you have from the SoGA is limited. The car must be roadworthy (fit for the purpose) and without significant faults you've not been told about (of merchantable quality) but this is all open to much argument.
Basically, if something went bang which the dealer SHOULD have checked and either told you about or fixed, you'll probably be able to get it fixed (free or at least at a discount) if you shout about it enough (see recent threads on here relating to clutches and the like).
Realistically tho, when you buy a car you really need to accept that it's your car and your problem from that point on - barring any really obvious catastrophes (like it having no oil or a clutch which is 5 miles from dying or whatever).
This is why you check a car THOROUGHLY - know what you're getting into - ensure it's right BEFORE you pay for it and then hold your breath for a few months...
te).If you buy ANY used car (from a just-out-of-warranty newish model to a banger), the coverage you have from the SoGA is limited. The car must be roadworthy (fit for the purpose) and without significant faults you've not been told about (of merchantable quality) but this is all open to much argument.
Basically, if something went bang which the dealer SHOULD have checked and either told you about or fixed, you'll probably be able to get it fixed (free or at least at a discount) if you shout about it enough (see recent threads on here relating to clutches and the like).
Realistically tho, when you buy a car you really need to accept that it's your car and your problem from that point on - barring any really obvious catastrophes (like it having no oil or a clutch which is 5 miles from dying or whatever).
This is why you check a car THOROUGHLY - know what you're getting into - ensure it's right BEFORE you pay for it and then hold your breath for a few months...
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