morning ben yes shes complaining saying theres clutch problem and a few small issues I know the clutch was fine then she said it cut out on her a few times and a dent on the wheel first thing she asked me when she was buying the car do I get a garrantee for 30 days I said if you pay the full price I will put a 3 month standard warranty covers anything upto £250 engine, gearbox electrics and but for a reduce price to clear the car is sold with nothing and I made that clear to her.
When a person buys a second-hand vehicle from a dealer they will have certain rights under consumer law, specifically the Consumer Protection from Unfair Trading Regulations 2008 (“CPR”) and the Sale of Goods Act 1979 (“SGA”).
The SGA states that a vehicle must be of satisfactory quality, fit for purpose and match its description.
You, as the dealer, will only be liable for faults that were present at the time the vehicle was sold, even if they become apparent later on. However, you will not be liable for fair wear and tear, misuse or accidental damage or any issues that were brought to the buyer’s attention before the sale. In addition, if the buyer had inspected the vehicle before purchasing it and should have noticed any obvious faults with it, you will not be liable.
If the vehicle does not meet the above requirements, the buyer can reject the vehicle and return it to the dealer requesting a refund. However, this will need to be done within a ‘reasonable time’, which is usually 3-4 weeks after purchase.
If the buyer is too late to reject the vehicle, they could instead request that it is repaired or replaced without causing significant inconvenience. You may only reject a repair or replacement if it is impossible or disproportionate in the circumstances. If that happens, they are entitled to get it repaired elsewhere and claim back the repair costs.
So there is a sort of warranty by law anyway and it is something you have to consider whether it is an issue that was present from the start. You can take the vehicle back for inspection to try and work out whether the issues she is complaining about are genuine and make a decision from there.
If you believe that her claims are not genuine then you can refuse to do anything about it and it would be then for her to pursue this further, such as by going to the small claims court. She may do but then again she may just be issuing empty threats at present and not actually go through with it.
Hi did you mean to type something as all I can see is a full stop
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).