Discussion
Trawling through autotrader I found a garage offering an 'alternative to auctions'. Most of the stock is less than 2k. They use the term '' All cars are offered at trade prices as an alternative to motor auctions. Any trial or inspection is welcome and recommended prior to you agreeing to buy the car as no refunds can be given once vehicles leave trade premises. Vehicles are sold on auction terms and are not to be used on the public highway unless otherwise stated.''
How does this stand up to the SOGA ? They are clearly selling to the public.
How does this stand up to the SOGA ? They are clearly selling to the public.
Nice try but undoubtedly flawed.
The most obvious thing is that any item sold by a business must be fit for purpose. Now, they say it is not fit for use on the road and to say so is probably legal, but then what is it's purpose and is it fit for that??????
The most obvious thing is that any item sold by a business must be fit for purpose. Now, they say it is not fit for use on the road and to say so is probably legal, but then what is it's purpose and is it fit for that??????
Edited by PurpleMoonlight on Sunday 20th May 11:58
The legal purpose of these cars is: Spares or Repairs or the like.
You have very little comeback when you're buying a car for a tiny fraction of its new price. They probably have a nice little business trading their cars to people who want a motor on the cheap or to "enthusiasts" who particularly want to fix a car up. To be frank, there might even be money to be made in turning a "trade" sale into a roadworthy car.
Their biggest problem will be punters who think they can expect a nearly new BMW for £1500.
You have very little comeback when you're buying a car for a tiny fraction of its new price. They probably have a nice little business trading their cars to people who want a motor on the cheap or to "enthusiasts" who particularly want to fix a car up. To be frank, there might even be money to be made in turning a "trade" sale into a roadworthy car.
Their biggest problem will be punters who think they can expect a nearly new BMW for £1500.
They cannot remove your statutory rights, whatever they may say so SoGA applies.
However:
(a) The SoGA takes account the "nature and circumstances of the sale" so "Bob's Cheap Trade Cars" is clearly not the same as buying from a franchised dealer
and
(b) your comeback unless it blows up when driving away on a sub-£2k no doubt older and higher mileage car is pretty much nil anyway.
However:
(a) The SoGA takes account the "nature and circumstances of the sale" so "Bob's Cheap Trade Cars" is clearly not the same as buying from a franchised dealer
and
(b) your comeback unless it blows up when driving away on a sub-£2k no doubt older and higher mileage car is pretty much nil anyway.
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