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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
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hi im a motor trader I sold a car 3 weeks ago i normally put

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hi im a motor trader I sold a car 3 weeks ago i normally put a 3 month warranty on but the girl taken the car at a well reduced price and now shes complaining i told her the cars to clear
she says shes gone to the police trading standards and newspaper calling me a conman
i gave her a recipte and she knows she is savin £300 off the price with all my details
on

Ben Jones : Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. What exactly is she complaining about the car? PS: as it is quite late I am just going offline but I will respond fully first thing in the morning thank you
Customer:

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.

Ben Jones :

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.


 

Customer:

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Ben Jones :

Hi did you mean to type something as all I can see is a full stop

Hello I understand that there have been some issues with the chat function and that you may not be able to read my answer so please find a copy of it below:

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.

I hope this has answered your query and would be grateful if you could please take a second to leave a positive rating. Your question will not close and I can continue providing further advice if necessary. Thank you
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