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Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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My future son in law purchased a second hand car from a dealer

Resolved Question:

My future son in law purchased a second hand car from a dealer last week. There was a slight rubbing noise on the test drive and the person that was with him from the dealer said "it was from the new brakes that had been fitted". He then took the car home about 2 miles away.
The next day after he had taxed and insured the car he noticed that the clutch was slipping and a noise was getting louder. He pulled into a garage and was told the nise was coming from the gear box and was also leaking oil.
He contacted the dealer who informed him, that the car was under warranty and you would have to contact the warranty company.
This he did, and was told to take it to a garage to carry out an inspection and then contact them regarding cost.
This they did and has been told by the warranty company that the dealer should have known that there was something that serious with the car and it was their responsabillity as we had only driven it about 9 miles. They are both now saying that the repairs are
Submitted: 4 years ago.
Category: UK Law
Expert:  Thomas replied 4 years ago.

HelloCustomer

Thanks for your question.

The warranty company is probably correct in that the warranty has been invalidate by the dealer due to the fault. You redress is best served against the dealer. In any event warranties do not replace your statutory rights against the seller, so you are perfectly entitled to pursue the seller - he's trying to fob you off with the warranty, don't accept it.

The law states that up until 6 months after the sale of the vehicle, it's up to the dealer to prove that the fault wasn't there when he sold it to the purchaser. This is called the "Reversed Burden of Proof". They will know this and you can cite it to them if they claim "it's your fault"

Go back to them, state that the car is not of a satisfactory quality under Sale of Goods Act 1979 and that you require that they repaired. They must do so within a reasonable time. If repair is not an adequate remedy then you can demand a replacement from them.

If they are not compliant you should tell them you are prepared to make an application in the small claims Court and will also contact Trading Standards, www.tradingstandards.gov.uk, and Retail Motor Industry Federation (if they are a member, http://www.rmif.co.uk


Once they know you are aware of your rights, dealers tend to be more constructive in resolving these things

If this has been useful please kindly click accept so that I may be rewarded for my efforts. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,

Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6430
Experience: BA (Hons), PgDip, Practising Solicitor
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