Part ex car from dealer died after a day
Discussion
Looking for some quick advice. My gf bought a Vauxhall Zafira (80,000m, £1,500) on Friday from what appeared to be a friendly local car garage - they said it was a part-ex so didn't come with a warranty. Roll forwards to Saturday and 40 miles later you can't engage any gears and is stuck on the driveway. Does the fact it's from a dealer still protect her rather than the fact she was told it was part ex to clear. Does the garage have any obligations to her?
Now you know why it was part exchanged.
Did you sign anything to say it was without warranty?
I'm tempted to say if you were told it was a part exchange to clear without warranty because the dealer has not spent any time or money inspecting it , then you knew what you were getting yourself into and therefore....Tough.
But..The law could state differently.
Did you sign anything to say it was without warranty?
I'm tempted to say if you were told it was a part exchange to clear without warranty because the dealer has not spent any time or money inspecting it , then you knew what you were getting yourself into and therefore....Tough.
But..The law could state differently.
Had similar a week or so ago with a Corsa we sold retail.
Punter was adamant the gearbox was shagged, we recovered it, took a look and a 20p plastic thingy under the gearstick gaiter had broken that hold the gear selector cable in place.
Replaced and all good, it will be this no doubt
Easy fix. The gearbox will NOT be duff.
Punter was adamant the gearbox was shagged, we recovered it, took a look and a 20p plastic thingy under the gearstick gaiter had broken that hold the gear selector cable in place.
Replaced and all good, it will be this no doubt
Easy fix. The gearbox will NOT be duff.
I don't see why it being part ex to clear should make a difference under the SOGA - they said it was being sold as it wasn't their usual type of car. Looking at a the Consumer Rights Act it shows the rights from buying from a trader and I can't see any dispensation for 'part ex' cars - if anyone did know it would be really handy.
Mexman said:
Had similar a week or so ago with a Corsa we sold retail.
Punter was adamant the gearbox was shagged, we recovered it, took a look and a 20p plastic thingy under the gearstick gaiter had broken that hold the gear selector cable in place.
Replaced and all good, it will be this no doubt
Easy fix. The gearbox will NOT be duff.
Would love this to be the case - she loves the car otherwise.Punter was adamant the gearbox was shagged, we recovered it, took a look and a 20p plastic thingy under the gearstick gaiter had broken that hold the gear selector cable in place.
Replaced and all good, it will be this no doubt
Easy fix. The gearbox will NOT be duff.
Warranty is not a synonym for statutory rights.
That said, if she bought the car on the understanding that it was sold ‘as is’ then it’s pretty harsh to pile into the dealer. If she wanted a car with a warranty then she shouldn’t have bought it. However no pint in getting exercised about it yet - they may well cheerfully sort it out.
That said, if she bought the car on the understanding that it was sold ‘as is’ then it’s pretty harsh to pile into the dealer. If she wanted a car with a warranty then she shouldn’t have bought it. However no pint in getting exercised about it yet - they may well cheerfully sort it out.
The only way the dealer can avoid any liability is if the car was clearly sold as "spares or repair" AND not allowed to be driven away.
There is no such thing as a trade sale / part ex to clear / no warranty given or implied type sales from dealers/traders to the public.
Getting any redress is another matter.
There is no such thing as a trade sale / part ex to clear / no warranty given or implied type sales from dealers/traders to the public.
Getting any redress is another matter.
Petrus1983 said:
Mexman said:
Had similar a week or so ago with a Corsa we sold retail.
Punter was adamant the gearbox was shagged, we recovered it, took a look and a 20p plastic thingy under the gearstick gaiter had broken that hold the gear selector cable in place.
Replaced and all good, it will be this no doubt
Easy fix. The gearbox will NOT be duff.
Would love this to be the case - she loves the car otherwise.Punter was adamant the gearbox was shagged, we recovered it, took a look and a 20p plastic thingy under the gearstick gaiter had broken that hold the gear selector cable in place.
Replaced and all good, it will be this no doubt
Easy fix. The gearbox will NOT be duff.
pozi said:
Petrus1983 said:
Mexman said:
Had similar a week or so ago with a Corsa we sold retail.
Punter was adamant the gearbox was shagged, we recovered it, took a look and a 20p plastic thingy under the gearstick gaiter had broken that hold the gear selector cable in place.
Replaced and all good, it will be this no doubt
Easy fix. The gearbox will NOT be duff.
Would love this to be the case - she loves the car otherwise.Punter was adamant the gearbox was shagged, we recovered it, took a look and a 20p plastic thingy under the gearstick gaiter had broken that hold the gear selector cable in place.
Replaced and all good, it will be this no doubt
Easy fix. The gearbox will NOT be duff.
Enjoying cars doesn’t mean people know how to repair them. What’s the odds most formula 1 drivers have never change a fan belt let alone know how to investigate a gearbox in an old corsa.
Essentially, the garage has an obligation to meet consumer rights legislation and the car becoming undriveable within 40 miles falls short of that. She’s entitled to reject the car or have them repair it.
However, enforcing it is a different matter and if they are by night they might try to put her off.
Keep it friendly but firm - the law is on your side - I’m guessing they won’t wind up a garage over £1500. Push for them to recover the car and fix it, or maybe send a mechanic if they’re close.
Don’t take it to another garage yet.
Does she or you have AA/RAC? If they can check the fault and recover the car to the dealership you’ll have paperwork and the car in the right place.
How did she pay the £1500?
However, enforcing it is a different matter and if they are by night they might try to put her off.
Keep it friendly but firm - the law is on your side - I’m guessing they won’t wind up a garage over £1500. Push for them to recover the car and fix it, or maybe send a mechanic if they’re close.
Don’t take it to another garage yet.
Does she or you have AA/RAC? If they can check the fault and recover the car to the dealership you’ll have paperwork and the car in the right place.
How did she pay the £1500?
The dealer does have some responsibility and you are more than likely within your rights to reject it if it’s a major fault that would not be expected on a car of its age and mileage. If it’s something simple then it’s not unreasonable to expect a fault on a £1500 car so I don’t think the dealer would be liable. A few cases of the CRA have now gone to court and it’s been a mixed bag of results but where an older car was sold cheap and the consumer was told that they could not offer a guarantee of its health then the consumer has sometimes lost. Speak to the dealer see what they offer you if they are reasonable they may allow you to reject it or they may just reapair it. But don’t get to silly over your rights with them as it can backfire as the only way to enforce your rights is via court which can take months to even get to court I’m sure that if you give a bit and the dealer gives a bit you could get it sorted quickly and save yourself a lot of bother.
If a dealer doesn't want to stand by cars that they sell they should send them to auction.
Sale of goods act and your statutory rights over ride anything they care to write on an invoice if selling to the general public if they've allowed you to drive it away.l
As someone has rightly pointed out, a "trade sale" can only apply if they're selling to another trader.
And "part ex to clear" doesn't cut it either.
Dealers selling motors and trying to get out of their obligations make my pee boil.
Call them and explain you expected the car to last more than 40 miles.
If they don't want to know drop "trading standards" into the conversation.
How did you pay for the car?
What exactly did they write on your invoice?
Trading standards can't help get your money back, but they can fine the dealer for writing stuff on an invoice that infringes your statutory rights.
Sale of goods act and your statutory rights over ride anything they care to write on an invoice if selling to the general public if they've allowed you to drive it away.l
As someone has rightly pointed out, a "trade sale" can only apply if they're selling to another trader.
And "part ex to clear" doesn't cut it either.
Dealers selling motors and trying to get out of their obligations make my pee boil.
Call them and explain you expected the car to last more than 40 miles.
If they don't want to know drop "trading standards" into the conversation.
How did you pay for the car?
What exactly did they write on your invoice?
Trading standards can't help get your money back, but they can fine the dealer for writing stuff on an invoice that infringes your statutory rights.
Edited by Trevor555 on Sunday 20th May 15:31
Trevor555 said:
If a dealer doesn't want to stand by cars that they sell they should send them to auction.
Sale of goods act and your statutory rights over ride anything they care to write on an invoice if selling to the general public if they've allowed you to drive it away.l
As someone has rightly pointed out, a "trade sale" can only apply if they're selling to another trader.
And "part ex to clear" doesn't cut it either.
Dealers selling motors and trying to get out of their obligations make my pee boil.
Call them and explain you expected the car to last more than 40 miles.
If they don't want to know drop "trading standards" into the conversation.
How did you pay for the car?
Trading Standards will only give you advice and will not even contact the trader so there is little or no point in threatening with them. It’s not necessarily the traders fault that something went wrong it’s just part and parcel of the used car experience. I know it’s upsetting when things go wrong and if the dealer is reasonable I’m sure he will help but don’t make out that he is the devil and that he purposely ripped you off as the chances are that he didn’t it’s just one of those things that can happen especially with an older car that was sold at less than 10% of a new one which of course should be perfect in every way. It’s a gamble buying older cars the CRA works on the principal of what a reasonable person should expect of the goods they buy taking into consideration the age price and previous use age. Work with the dealer be fair and I’m sure they will be fair with you go in all guns blazing with threats of this and that won’t help. Sale of goods act and your statutory rights over ride anything they care to write on an invoice if selling to the general public if they've allowed you to drive it away.l
As someone has rightly pointed out, a "trade sale" can only apply if they're selling to another trader.
And "part ex to clear" doesn't cut it either.
Dealers selling motors and trying to get out of their obligations make my pee boil.
Call them and explain you expected the car to last more than 40 miles.
If they don't want to know drop "trading standards" into the conversation.
How did you pay for the car?
Don’t get me wrong there are some bad dealers who do rip you off purposely but the majority who sell there part ex cars are just trying to make a living. Sending cars to auction is not an option for most small dealers as the cost of entering them then the low price they get as the buyer has to pay a commission it’s just not viable.
OP hope you get this sorted amicably
chris52 said:
Trevor555 said:
If a dealer doesn't want to stand by cars that they sell they should send them to auction.
Sale of goods act and your statutory rights over ride anything they care to write on an invoice if selling to the general public if they've allowed you to drive it away.l
As someone has rightly pointed out, a "trade sale" can only apply if they're selling to another trader.
And "part ex to clear" doesn't cut it either.
Dealers selling motors and trying to get out of their obligations make my pee boil.
Call them and explain you expected the car to last more than 40 miles.
If they don't want to know drop "trading standards" into the conversation.
How did you pay for the car?
Trading Standards will only give you advice and will not even contact the trader so there is little or no point in threatening with them. It’s not necessarily the traders fault that something went wrong it’s just part and parcel of the used car experience. I know it’s upsetting when things go wrong and if the dealer is reasonable I’m sure he will help but don’t make out that he is the devil and that he purposely ripped you off as the chances are that he didn’t it’s just one of those things that can happen especially with an older car that was sold at less than 10% of a new one which of course should be perfect in every way. It’s a gamble buying older cars the CRA works on the principal of what a reasonable person should expect of the goods they buy taking into consideration the age price and previous use age. Work with the dealer be fair and I’m sure they will be fair with you go in all guns blazing with threats of this and that won’t help. Sale of goods act and your statutory rights over ride anything they care to write on an invoice if selling to the general public if they've allowed you to drive it away.l
As someone has rightly pointed out, a "trade sale" can only apply if they're selling to another trader.
And "part ex to clear" doesn't cut it either.
Dealers selling motors and trying to get out of their obligations make my pee boil.
Call them and explain you expected the car to last more than 40 miles.
If they don't want to know drop "trading standards" into the conversation.
How did you pay for the car?
Don’t get me wrong there are some bad dealers who do rip you off purposely but the majority who sell there part ex cars are just trying to make a living. Sending cars to auction is not an option for most small dealers as the cost of entering them then the low price they get as the buyer has to pay a commission it’s just not viable.
OP hope you get this sorted amicably
And any dealer trying to sell cars "px to clear" is trying to get out of their obligations. No other reason they'd write that on an invoice.
Edited by Trevor555 on Sunday 20th May 16:06
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