I hope someone can help! I bought a second hand car from a dealer in Feb this year. When I say bought I mean we 'swapped' cars, he had a car I wanted for the same value as I would sell mine for ie no money changed hands. I was given a 3 month verbal guarantee. After 5 weeks the turbo blew up (a VERY scary experience) The car was recovered by the AA back to my house, where it has sat ever since. I immediately rang the dealer who stated that as he'd done some work to my old car in order to sell it on, he would not pay for a repair on my new car until I paid him for the work he'd carried out. Am I right in thinking that as he is a dealer he should foot the bill for any work he wants to do to a car he has taken in part ex? I have bought a few second hand cars and never come across this! I gave up after a while and bought another car, as I need one for work. I have since asked for a refund as all of my letters were ignored. It is almost time for the court hearing and I wondered how I would stand. Thanks
Bought 2nd hand car now going through small claims court
- Thread starter PazzaW46
- Start date
PazzaW46
Second hand cars are covered by the Sale of Goods Act 1979.
You swapped your car with him so that car was the consideration (payment) for the new car. Consideration does not have to be money.
The second hand car must be of satisfactory quality (taking into account its age and mileage), meet any description given to you when you were buying it, and be fit for the purpose (get from A to B safely).
The fact that the dealer had to make repairs to your old car is irrelevant. It was still consideration.
Your claim can be for the cost of getting the second hand car repaired or a claim for a reduction in the purchase price, or you can return the car and get a refund less a deduction for the 5 weeks use (called ‘recision’).
I am not sure how far you will get with the verbal guaratee unless the the garage admits that is what they offered or the court believes what you say. Guarantees dont affect statutory rights in any case so this is not hugely important. A guarantee is an offer to repair etc without having to use your statutory rights.
In future make sure any agreements are in writing so your position is beter protected. Let us know how you go on in court.
Second hand cars are covered by the Sale of Goods Act 1979.
You swapped your car with him so that car was the consideration (payment) for the new car. Consideration does not have to be money.
The second hand car must be of satisfactory quality (taking into account its age and mileage), meet any description given to you when you were buying it, and be fit for the purpose (get from A to B safely).
The fact that the dealer had to make repairs to your old car is irrelevant. It was still consideration.
Your claim can be for the cost of getting the second hand car repaired or a claim for a reduction in the purchase price, or you can return the car and get a refund less a deduction for the 5 weeks use (called ‘recision’).
I am not sure how far you will get with the verbal guaratee unless the the garage admits that is what they offered or the court believes what you say. Guarantees dont affect statutory rights in any case so this is not hugely important. A guarantee is an offer to repair etc without having to use your statutory rights.
In future make sure any agreements are in writing so your position is beter protected. Let us know how you go on in court.
Do you think there's a likelyhood of that happening?? Thanks againPazzaW46
You said it was almost time for the hearing. is it in the smalls claims?
From what you have said I think you are right in pursuing the claim but if you are worried you should take some legal advice from a local solicitor.
You said it was almost time for the hearing. is it in the smalls claims?
From what you have said I think you are right in pursuing the claim but if you are worried you should take some legal advice from a local solicitor.