SOGA 'Fit for Purpose' - Where's the line drawn?

[anonymous-user]

So, I am seriously considering buying a Mercedes S600 at some point next year. One of the V12 Twin Turbo models that just over ten years ago cost well over £100,000 and now thanks to the wonders of depreciation can be picked up for money that wouldn't see you in a New Ford Fiesta but make 500BHP and 600lb·ft. I like them .

Now interestingly, the vast majority of the few examples available are being offered currently are via dealers, which stuck me as a bit odd, not only due to the fact that a moderately expensive old V12 Merc is hardly likely to fly off from the forecourt, but it also got me wondering about the implication of the SOGA and the old 'Fit for purpose' line that is always trotted out the mention that someone has issues with a car recently purchased from a second hand dealer.

I do understand that there are some reasonable exceptions. Its often said that you have very little protection on a car purchased for say, £1,000 because many people would not expect years of use from a £1,000 car, but it would be perfectly reasonable for me to expect a £7k-£8k car to be clear of major mechanical defects provide many years of service of being 'fit for purpose' surely?

So hypothetically if the car started throwing up warning lights from everywhere, regardless of it being a £100,000 car at some point, the dealer would have to front the bill. After all, for £7k-£8k a car needs to have a working engine/gearbox/suspension to be 'fit for purpose', I.E driving as opposed to a driveway ornament, especially if it could be proven that the fault would have likely existed at time of purchase (I'm thinking specifically of hydraulic lines that overheat/rot over time and would have not have failed within the first few months of ownership) or is there some sort of get out clause that I am completely missing?

Surely dealers selling older, high maintenance cars that would not apply for a generic warranty cannot be taking such a monumental risk selling them on the forecourt?

I of course do not plan on having a dealer footing the bill for my craving to relocate my kidneys upon heavy accleration. I'll be taking my time, buying the right example and carrying out preventive maintenance and as a result I'm not worried about running costs. I am just curious in the hypothetical implications for a dealer selling a car that could so easily become a money pit.

Edited by 279 on Saturday 27th December 22:55

[TooMany2cvs]

279 said:

I do understand that there are some reasonable exceptions.

And that's the key to it all. What are the reasonable expectations for a car of that age/type/price?

When it comes to a decade-old complex-o-matic barge, those expectations could quite reasonably include the word "bork".

[Claudia Skies]

This is precisely why the big dealerships have no interest in selling older high mileage cars. Too much risks of muppets coming back and expecting gold plated warranty support on a cheap old car.

"Goods (the car) must be of satisfactory quality – the definition of this differs according to the goods sold however in a dispute the court will look at durability, appearance and finish, freedom from minor defects and safety – e.g. a brand new car costing £20,000 will be expected to be near perfect, whereas obligations in respect of a car sold of 10 years of age for £500 will be far less onerous."

But big dealers simply don't want the hassle of arguing the toss, so unload cars into the trade or at auction with no implied warranties in either case.

Buying a "cheap" car which used to be "expensive" and hoping the Sale of Goods Act will bale you out is bonkers. However, if something big like the engine or gearbox failed in the first few weeks you would have a chance of recovery under SOGA. Zero chance after a few months have passed or for wear and tear items.

[Sheepshanks]

SoGA is a bit of a nightmare because it very much boils down to opinion - at the end of the day of the judge hearing the case as that's the place where disputes will ultimately end up.

[aw51 121565]

What did the car cost when purchased (and what did it cost when new, as an aside)?

How old it is?

What is its mileage?

The above three questions dictate where the metaphorical (three-dimensional ) line is drawn (subject to further debate ) .

We know it's some sort of MB, otherwise I'd be asking what make and model it is as well.

For entertainment purposes, how long has the current owner owned it (not applicable yet, I appreciate - but best hope the faults appear in the first few weeks rather than at 4 or 5 months in and definitely before 6 months of ownership ) .

[ging84]

It's not at all odd that the majority of them are being offered by dealers, the private market for cars has more or less evaporated mostly due to scammers, or at least the fear of scammers for both buyers and sellers.
just take a look at auto trader, currently show 16641 private 445555 trade, so about 97% trade ads.

I am not sure fit for purpose is what you should be looking at here it's more about satisfactory quality, trying to argue a car is not fit for purpose is hardly going to work if it still gets through and mot, and gets you safely from a to b.
For example a £10k used merc which does into limp mode every time go give it a good boot of throttle isn't satisfactory quality, but is probably still fit for purpose.