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Could some one give me some advice please as to second hand cars purchased through a dealer.
Facts on Wednesday 3rd April 2013 I contact a seller advertising a car on Ebay under a classified ad. The reason I contacted him was firstly to find out if the camshaft belt had been changed to which the seller replied it has a camshaft chain so you do not need to worry about any problems with it. Secondly to arrange to go and see the car.
The Ebay listing stated in the heading that the price was £995.00 and had a 30 Day Free Warranty. then further down the listing it states trade sale no warranty the looking at the seller about us tab there is a heading marked Warranties it then states:- We offer Warranty with all our cars they start from 30 days up to 12 Months our warranties are offered with our self or with the RAC.
We went the 190 miles to look at the car a 2004 Vauxhall Corsa 1.3 CDTI which looked nice and clean apart from a few minor dents. It drove nicely with no apparent faults. So we decided to purchase the car and at no time did the salesman state it was a trade sale and there was no warranty. I drove the car home 190 miles without any problems. The car was then used Thursday, Friday and Saturday when the problem appeared called in to a local Tesco's went back to the car and tried to start it. But to no avail I managed to tow the car home and asked a friend to look at it and he tells me the camshaft chain has slipped and this is a common fault. He has quoted between £450 and £500 to fix it. I contacted the trader today Monday 8th April 2013 and explained the situation and his stance is well its sold as a trade sale with no warranty and has put trade as on the sales invoice.
I have spent most of today searching for information on my situation and come across the guidance OFT for second hand car dealers which makes very interesting reading:-
13. Attempting to limit your
liability under the SoGA
13.1 A consumer’s legal rights under the
SoGA cannot be taken away or restricted,
and any attempt by you to do so by using
an exclusion clause or similar notice will
be void and therefore unenforceable
(you will not be able to rely on it in a
dispute with a consumer).
Examples:• Using words or statements in sales to
consumers such as ‘Sold as seen’,
‘Unroadworthy’, ‘Trade Sale Only’,
‘No Refund’, ‘Spare or Repair’ or
‘Sold as Scrap’, even if the statement
‘this does not affect your statutory rights’
is included.
• Including terms in a contract that require
the consumer to make declarations
about what had or had not been said
about a vehicle’s mileage and defects
and/or affirming that they had examined
the vehicle and had any faults pointed
out to them. Such terms could be used
to exclude liability arising under the
SoGA. If untrue, such ‘declarations’ are
ineffective and may mislead consumers
with legitimate grievances that they have
signed away their rights. Where they are
true, such declarations are unnecessary
Can anyone tell me where I stand legally please
Thank You
Could some one give me some advice please as to second hand cars purchased through a dealer.
Facts on Wednesday 3rd April 2013 I contact a seller advertising a car on Ebay under a classified ad. The reason I contacted him was firstly to find out if the camshaft belt had been changed to which the seller replied it has a camshaft chain so you do not need to worry about any problems with it. Secondly to arrange to go and see the car.
The Ebay listing stated in the heading that the price was £995.00 and had a 30 Day Free Warranty. then further down the listing it states trade sale no warranty the looking at the seller about us tab there is a heading marked Warranties it then states:- We offer Warranty with all our cars they start from 30 days up to 12 Months our warranties are offered with our self or with the RAC.
We went the 190 miles to look at the car a 2004 Vauxhall Corsa 1.3 CDTI which looked nice and clean apart from a few minor dents. It drove nicely with no apparent faults. So we decided to purchase the car and at no time did the salesman state it was a trade sale and there was no warranty. I drove the car home 190 miles without any problems. The car was then used Thursday, Friday and Saturday when the problem appeared called in to a local Tesco's went back to the car and tried to start it. But to no avail I managed to tow the car home and asked a friend to look at it and he tells me the camshaft chain has slipped and this is a common fault. He has quoted between £450 and £500 to fix it. I contacted the trader today Monday 8th April 2013 and explained the situation and his stance is well its sold as a trade sale with no warranty and has put trade as on the sales invoice.
I have spent most of today searching for information on my situation and come across the guidance OFT for second hand car dealers which makes very interesting reading:-
13. Attempting to limit your
liability under the SoGA
13.1 A consumer’s legal rights under the
SoGA cannot be taken away or restricted,
and any attempt by you to do so by using
an exclusion clause or similar notice will
be void and therefore unenforceable
(you will not be able to rely on it in a
dispute with a consumer).
Examples:• Using words or statements in sales to
consumers such as ‘Sold as seen’,
‘Unroadworthy’, ‘Trade Sale Only’,
‘No Refund’, ‘Spare or Repair’ or
‘Sold as Scrap’, even if the statement
‘this does not affect your statutory rights’
is included.
• Including terms in a contract that require
the consumer to make declarations
about what had or had not been said
about a vehicle’s mileage and defects
and/or affirming that they had examined
the vehicle and had any faults pointed
out to them. Such terms could be used
to exclude liability arising under the
SoGA. If untrue, such ‘declarations’ are
ineffective and may mislead consumers
with legitimate grievances that they have
signed away their rights. Where they are
true, such declarations are unnecessary
Can anyone tell me where I stand legally please
Thank You
