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Used car purchase - SOGA

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  • Used car purchase - SOGA

    Hi everyone!

    I am after a little bit of advice. I recently (19/11/13) purchased a second hand vehicle from a dealer local to me. The car came with a 3 month warranty, at the time of sale had circe 113k miles on the clock and a full years MOT.

    This Friday (20/12/13), the car failed to start. I had a quick investigation, and it appears to be a fuel pump failure. Have spoken to the dealer who replied with the fact that the fuel pump iis not covered under the warranty.

    In this instance, am I covered under the SOGA, and do I have a legal leg to stand on with regards to the dealer repairing the car? Obviously it is rapidly approaching Christmas and really need the car to get around. I've ordered a replacement fuel pump, but would rather it be replaced by the dealer if possible!

    Any help greatly appreciated!

    Neil
    Tags: None

  • #2
    Re: Used car purchase - SOGA

    Is there any documentation defining what and what is not covered by this "warranty"?

    Not withstanding any warranty the dealer has an obligation for "Merchantable quality", ie it won't break within a couple of months.

    Comment


    • #3
      Re: Used car purchase - SOGA

      Originally posted by ostell View Post
      Is there any documentation defining what and what is not covered by this "warranty"?

      Not withstanding any warranty the dealer has an obligation for "Merchantable quality", ie it won't break within a couple of months.
      Good lord theres a phrase i havent heard for a while, merchantable quality, the test has been changed ,it is now satisfactory quality, there is of course the other tests applicable such as fit for purpose, and as described if sale by description.

      The goods must be fit for purpose, clearly they are not, therefore the seller is in breach of contract (at least prima facie) and he is obliged to offer a repair refund or replacement. in real terms, a repair would be the most suitable id suggest
      I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

      If you need to contact me please email me on Pt@roachpittis.co.uk .

      I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

      You can also follow my blog on consumer credit here.

      Comment


      • #4
        Re: Used car purchase - SOGA

        Originally posted by funkymonkey View Post
        it appears to be a fuel pump failure. Have spoken to the dealer who replied with the fact that the fuel pump iis not covered under the warranty.
        Ridiculous twaddle!

        What does that spiv think is covered by the warranty - the sawdust in the gearbox, or the adhesive on the bit of black tape covering the oil pressure warning light?

        Comment

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