Bought car from dealer, now major fault? Should they fix it?
Discussion
Ok, i bought a car from a trader that trades from home, he was very professional, had a few cars, website ect ect but he trades from home.
My car a 118d has recently blown the rear diff 3 weeks after purchase.
On the receipt it states that the car will be provided with a '28 day parts & labour guarantee on the engine & gearbox excl accidental damage, wear & tear from the purchase date' i bought the car on the 4th of this month so im within the 28 days.
Would a differential be covered under this? or would the dealer be liable for repair costs?
My car a 118d has recently blown the rear diff 3 weeks after purchase.
On the receipt it states that the car will be provided with a '28 day parts & labour guarantee on the engine & gearbox excl accidental damage, wear & tear from the purchase date' i bought the car on the 4th of this month so im within the 28 days.
Would a differential be covered under this? or would the dealer be liable for repair costs?
chrisw666 said:
Contact the seller, explain the problem and if he offers to have it looked at then allow him to do this first. Don't go in quoting the SOGA or any other b
ks and don't tell him X garage said whatever until he has the chance to get his own workshop/preferred garage look at the car.
This charging in demanding rights can put peoples backs up going in expressing disapointment and asking what they will do to help gives them chance to do more than the bare minimum legally required.ks and don't tell him X garage said whatever until he has the chance to get his own workshop/preferred garage look at the car. Engineer1 said:
chrisw666 said:
Contact the seller, explain the problem and if he offers to have it looked at then allow him to do this first. Don't go in quoting the SOGA or any other bks and don't tell him X garage said whatever until he has the chance to get his own workshop/preferred garage look at the car.
This charging in demanding rights can put peoples backs up going in expressing disapointment and asking what they will do to help gives them chance to do more than the bare minimum legally required.ks and don't tell him X garage said whatever until he has the chance to get his own workshop/preferred garage look at the car. Always go back to the seller see what happens.
If you have bought say a 300k mile car then wear and tear are probably get out clauses for the seller.
I do wonder if more people should ask for a " trade sale" as in sold as seen you get it for less if anything goes wrong you deal with it.
Anyway hope it works out for the OP and isn't a wallet kicking just before Xmas.
If you have bought say a 300k mile car then wear and tear are probably get out clauses for the seller.
I do wonder if more people should ask for a " trade sale" as in sold as seen you get it for less if anything goes wrong you deal with it.
Anyway hope it works out for the OP and isn't a wallet kicking just before Xmas.
sone said:
If he is a dealer he's liable I believe for 3 months whether he likes it or not. I'd be taking the car back to him right now.
No.Thats not the case.
He has to "warrant the condition of the car" for a period of roughly, but not limited to, six months.
That is to say, the car should be free from faults for that period and if a fault occurs it would be up to the dealer to prove it was not there at the time of sale.
A fault is very distinct from wear and tear. For example, if a gearbox blows up at 80K miles it would be reasonable to assume its a fault. However if a clutch goes at 80K miles it would be reasonable to assume its wear and tear.
The age, miles and price paid also need to be taken in to consideration.
In this case, there is no doubt in my mind, nor would there be any doubt via what i've said above, and via reading the SOGA relating to used cars, that the dealer should be repairing this without quibble.
Welshbeef said:
I do wonder if more people should ask for a " trade sale" as in sold as seen you get it for less if anything goes wrong you deal with it.
Pretty sure a trader can't do this unless it's to another trader, the law doesn't permit it. I believe the trader can make that arrangement with a customer, write "trade sale" on the invoice etc and the private punter can still come back later and assert their SOGA rights if they're an arse.charltjr said:
Pretty sure a trader can't do this unless it's to another trader, the law doesn't permit it. I believe the trader can make that arrangement with a customer, write "trade sale" on the invoice etc and the private punter can still come back later and assert their SOGA rights if they're an arse.
My view too - cant waive your statutory rights. POORCARDEALER said:
Its an offence which you can be fined for writing "trade sale, sold as seen etc etc" on an invoice unless its to a bonafide motor trader.
I would agree though there should be a mechanism in place for the public to buy cars "as seen" from the trade.
Their is, you write "sold as scrap and not fit for purpose" on the receipt, if the buyer signs a copy then you as the seller are fire proof. (regardless of value)I would agree though there should be a mechanism in place for the public to buy cars "as seen" from the trade.
The above is straight from the mouth of a trading standards guy.
jeff666 said:
POORCARDEALER said:
Its an offence which you can be fined for writing "trade sale, sold as seen etc etc" on an invoice unless its to a bonafide motor trader.
I would agree though there should be a mechanism in place for the public to buy cars "as seen" from the trade.
Their is, you write "sold as scrap and not fit for purpose" on the receipt, if the buyer signs a copy then you as the seller are fire proof. (regardless of value)I would agree though there should be a mechanism in place for the public to buy cars "as seen" from the trade.
The above is straight from the mouth of a trading standards guy.
To be "fire proof" it would have to be a few hundred pounds worth of car and it MUST be trailered or towed off your premises.
And that came from a Justice of the Peace, whos also a Dealer Principal over four brands and 50 years in the trade.
jeff666 said:
POORCARDEALER said:
Its an offence which you can be fined for writing "trade sale, sold as seen etc etc" on an invoice unless its to a bonafide motor trader.
I would agree though there should be a mechanism in place for the public to buy cars "as seen" from the trade.
Their is, you write "sold as scrap and not fit for purpose" on the receipt, if the buyer signs a copy then you as the seller are fire proof. (regardless of value)I would agree though there should be a mechanism in place for the public to buy cars "as seen" from the trade.
The above is straight from the mouth of a trading standards guy.
Gassing Station | General Gassing | Top of Page | What's New | My Stuff