Warranties on used cars bought from dealer?
Discussion
I always thought that a dealer had to, by law, provide a warranty on a used car, is this right.
Nothing to do with a car I've bought, but keep seeing dealers advertise on a well known auction site with statements like, no warranty offered, etc etc.
Nothing to do with a car I've bought, but keep seeing dealers advertise on a well known auction site with statements like, no warranty offered, etc etc.
Edited by steve1 on Thursday 27th December 12:30
This topic has been done 12 million times.
- A trader/dealer cannot sell "without any warranty" to a retail customer.
- There is no automatic comprehensive warranty on a used car. Not even for 7 days.
- A used car bought from a trader/dealer has to be of reasonable quality and fit for purpose, taking account of its age, mileage and the price paid.
Ozzie Osmond said:
This topic has been done 12 million times.
Probably has been done "12 million times" but always find it amusing when reading car ads, normally from dealers who are trying to make out they're private sellers, or going down the "auction" route.- A trader/dealer cannot sell "without any warranty" to a retail customer.
- There is no automatic comprehensive warranty on a used car. Not even for 7 days.
- A used car bought from a trader/dealer has to be of reasonable quality and fit for purpose, taking account of its age, mileage and the price paid.
Your first 2 points seem to contradict each other, or am I reading it wrong.
Ozzie's right, in that the term 'warranty' perhaps isn't correct. A dealer cannot under any circumstances sell a car to the public without the Sale of Goods Act applying to it, which is to say that it must be fit for purpose. So if it suffers a catastrophic failure shortly after purchase, the dealer must take reasonable steps to repair it or refund you.
But there is no obligation for a dealer to provide a 'warranty', meaning a guarantee that the car won't suffer from issues relating to fair wear and tear, minor faults, etc. That sort of thing is outside the scope of the Sale of Goods Act, though the dealer may choose to provide a warranty is they like.
Main point is that no matter what a dealer says, SoGA applies to the car.
But there is no obligation for a dealer to provide a 'warranty', meaning a guarantee that the car won't suffer from issues relating to fair wear and tear, minor faults, etc. That sort of thing is outside the scope of the Sale of Goods Act, though the dealer may choose to provide a warranty is they like.
Main point is that no matter what a dealer says, SoGA applies to the car.
There are 'implied' warranties that the car is in line with the Sale of Goods Act, i.e., as described (it's a 'one of those'), fit for purpose (you can drive it off the forecourt, legally - unless spares or repair of course) and of satisfactory quality (i.e., it will last a reasonable length of time, given that it's a used car, with however many miles and several years old).
A trader cannot sell the car without those 'implied' warranties but that doesn't mean that if the ashtray squeaks on a £300 1996 Kia, the dealer needs to give you a full refund either.
So, something like a timing belt snapping on the way home, won't be covered by the implied warranties on a £500 car (i.e., the law sets a very low bar for satisfactory quality on a cheap car; buyers are understood to be assuming that risk in exchange for saving money over a new car).
A trader cannot sell the car without those 'implied' warranties but that doesn't mean that if the ashtray squeaks on a £300 1996 Kia, the dealer needs to give you a full refund either.
So, something like a timing belt snapping on the way home, won't be covered by the implied warranties on a £500 car (i.e., the law sets a very low bar for satisfactory quality on a cheap car; buyers are understood to be assuming that risk in exchange for saving money over a new car).
I'm ok with buyer beware sort of thing, basically you hope you get what you pay for, so yes, a £500 car is just that, but when dealers sell cars as "trade sales" on an open auction site, ( normally its because they've taken them in as a P/X, so they say ), does this mean that it's down to you, and anything that's wrong with them, or goes wrong in a short space of time, is down to you, and yes, I mean catastrophic failure, and not a squeaky ashtray.
McSam said:
Steve, the point we're making is that dealers are not allowed to sell cars to the public in that way, they are attempting to dodge their SoGA obligations and it's not legal to do so.
Though I can't profess to know whether going through an auction house changes this, any experts?
Agreed although having regard to the price paid, the SOGA obligations may be somewhere between chuff and all.Though I can't profess to know whether going through an auction house changes this, any experts?
If something is sold as a genuine auction then SOGA does not apply. Selling something 'out of auction' where the trader is doing so in the course of business, i.e., where the contract is made with the trader, would amount to a straightforward trade sale IMO and the trader should agree a price that reflects their (possibly) greater obligations than if the car were sold in the ring.
McSam said:
Steve, the point we're making is that dealers are not allowed to sell cars to the public in that way, they are attempting to dodge their SoGA obligations and it's not legal to do so.
Though I can't profess to know whether going through an auction house changes this, any experts?
Exactly the reason I asked the question, I understand if you buy from an actual auction then it's down to you, as long as the vehicle is " as described", but does buying from evil bay follow the same rules, obviously I'm talking about dealer purchases.Though I can't profess to know whether going through an auction house changes this, any experts?
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