hello i bought a car on sunday from a second hand car trader and have already found major engine faults(suspectd cam damage). Within 2 hours of purchase it would not start as the battery was dead and needed replacing, which in my opinion was obvious as there was battery acid all over the plate which the battery stands.We also feel that we was lured into the puchase as we was told that a couple of scratches on the body work was going to be repaired the following day and the value of the car would go up considrably in price, so we felt we was getting a bargin if we purchased it that day, since then we have valued a few of the identical car spec for spec, year for year with similar milage and have discovered we was charged top price anyway. What are my rights as a buyer.
faulty second hand car
- Thread starter smurf
- Start date
I'm not sure you've got any. Sorry to be the bearer of bad news but I think it may have been up to you to thoroughly inspect the car beforehand. Unless of course it was advertised in a way that suggested the car was in better quality than it actually was?
Depending on how the deal was done, if there was an advertisement to describe the car it could be prosecuted as a criminal offence in so far as the item fails to fit the description, or if a promise invented to persuade a buyer to buy was not fulfilled.
The Consumer Protection from Unfair Trading Regulations 2008 apply to that.
If what you are on about was all done by word of mouth, common sense should also apply; it is your word and against the word of the seller, but the goods should none the less be fit for purpose. If it's a regular seller selling cars a buyer is entitled to expect that a car should work. The terms of a sale in that respect need not be stated outright in order to make out a case against the seller; the terms may also be implied, as per (2) of Section 14 of the Sale of Goods Act:
The Consumer Protection from Unfair Trading Regulations 2008 apply to that.
If what you are on about was all done by word of mouth, common sense should also apply; it is your word and against the word of the seller, but the goods should none the less be fit for purpose. If it's a regular seller selling cars a buyer is entitled to expect that a car should work. The terms of a sale in that respect need not be stated outright in order to make out a case against the seller; the terms may also be implied, as per (2) of Section 14 of the Sale of Goods Act:
Smurf,
Apologies, I have only just seen this. You would have had a good case for rejecting the car and getting a full refund as you had had it such a short amount of time when you posted. The more time that passes the more difficult this becomes.
However, your rights are also affected by the nature of the goods and the price paid. For example, if this was an old banger from the 70's with 300,000 on the clock and you paid £50 for it you would have little recourse.
If you are unable to reject a car you have to give the dealer the opportunity to remedy the situation before demanding a refund.
The CPRs are criminal and don't directly help you as a consumer:
Consumer Protection From Unfair Trading Regulations 2008 | Consumer Information
Hope this helps
Tony
Apologies, I have only just seen this. You would have had a good case for rejecting the car and getting a full refund as you had had it such a short amount of time when you posted. The more time that passes the more difficult this becomes.
However, your rights are also affected by the nature of the goods and the price paid. For example, if this was an old banger from the 70's with 300,000 on the clock and you paid £50 for it you would have little recourse.
If you are unable to reject a car you have to give the dealer the opportunity to remedy the situation before demanding a refund.
The CPRs are criminal and don't directly help you as a consumer:
Consumer Protection From Unfair Trading Regulations 2008 | Consumer Information
Hope this helps
Tony