There is a section devoted specifically to buying from online auction sites such as ebay, but for now there are some points to bear in mind when buying second-hand.
Firstly, remember that the statutory entitlement of quality and fitness for purpose only applies when buying from someone who is ‘acting in the course of a business’ i.e a second-hand car dealer. You do not have any legal recourse as regards quality where you are buying through an individual who is selling an item as a one-off private sale (although they must have legal title and it must be as described in the advert).
Secondly, when buying second hand, there is a general recognition in law that the reduced price you pay reflects the risk in taking ownership of something with a greater likelihood of developing faults or breaking down completely. You pay less because it is recognised you will have to pay the repair costs yourself rather than relying on the manufacturer’s warranty.
But what if you buy something which breaks down shortly afterwards leaving you with a massive repair bill. Could you argue that the seller was aware of this fault but said nothing? This may be difficult to prove.
Or is it the case that it is something a pre-sale examination by you should have revealed? Not if the fault only because apparent after some weeks of use.
Depending on the problems encountered (safety implications for example, if it is a car), the length of time you’ve had it, the price you paid and your expectations of the future usage, you may have a good chance of rejecting the item and claiming a full refund.
More Common Complaints
- They say I’ve taken ownership so it’s my responsibility
- Do shops have to give me my money back?
- The shop doesn’t want to know, they say it is the manufacturer’s responsibility.
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Hi. I brought a washing machine for £150 it’s from a hire purchase that sell of surplus electrical items. I have had it just over a month and it’s now tripping my electric. Am I within my rights to go back to the shop/business and complain it’s faulty?
I bought a truck from a dealer in Louisiana about two months ago. I live in Camden, Ark, about two hours away. I paid $2500. down, leaving me owing about $8,000. I got home and truck would’nt start. I took it to the garage and it was simply a mis-wiring of some sort. They fixed it and paid. Two weeks later I was stopped by a state trooper who was driving behind me. He said my brake lights did not come on. He did not give me a ticket, but advised me to get it fixed. I had not yet taken it to a garage, but a short while later my truck would not start. I called the dealer ship twice. They said it was my fault the truck was fine when I bought it. There was suppose to be a warranty, but no papers. The mechanic said it will cost $3500. to get it repaired. All electrical things have to be replaced. I have only driven the truck about 5 or 6 weeks at the most. Do I have any recourse. I am 19 years old on my own and have no one to help me.
Hi,
I have bought a second hand Porsche from a generic car dealer about over a month ago with a full main dealer service history.
However, I noted that the aircon stopped working after a few weeks. I spoke to the car dealer who mentioned to me that the car probably needs re-gasing.
I went to have it inspected at the Porsche main dealer centre who confirmed the reason of the issue is a leak which causes the air con to not work properly.
I have called the non-official Porsche dealer from whom I originally purchases the car to inform him of the issue and he has offered me to repair it directly.
However the issue is that if I have it repaired by a non-official dealer on a major work I am not convinced the job will be done properly given they are not Porsche-trained and would affect the full main dealer service history.
Do I have the right to have it repaired by Porsche and have the bill refunded by the generic car dealer, without giving them the chance to repair it directly?
Thanks in advance
I bought a replacement engine for my fiat ducato horsebox it came with 3 months warranty but just out of this time and after only doing 356 miles it is broken and I need yet another engine which will cost another 4500 for purchase and installing. Would this be classed as unfit for purpose?
hi i am thinking about byind a new sofa from a private byer on gumtree she said that it comes with 6months garentee she as advertised leather and faric sofas i have sean photos of the sofas in a storage place that she as put on gumtreeand she said she as sold a few and she will ask the to delivery men to put it together for me how do i now i i shoul bye from her
Hi just bought motorhome of ebay and found out latter that the engine has been change from a petrol to a diesel how do I stand thanks
I bought a used Infiniti from a Toyota dealer in Arkansas.They bought the car at auction. The car was put up for auction from the Infiniti dealer down the road. While driving back to Texas where I live the car overheated.I took it to the nearest Nissan dealer who makes the Infiniti and they got the repair records for my car. In the 2 months prior to me buying the car it had been in and out several times for overheating problems.The dealership replacedthe water pump,thermostat and hoses which did not fix the problem.The dealership recommended another engine because the head and block were warped.The customer refused and the dealership took the car as a trade in knowing of its extensive mechanical problems because they did the diagnosis on the car. When I bought the car I was presented aclean car fax with no mention of any of the problems the car had. All these issues were omitted purposely. And by the way on the repair records the car owner said it would overheat on long drives.I think they were counting on enough time passing before whomever bought it would experience overheating problems and they could deny any responsibility. I’ve got the Infinity repair records , please help is there anything I can do? Thank you for any help.