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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Good Afternoon I was sold (Garage Dealer) a car 18 months ago

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Good Afternoon I was sold (Garage Dealer) a car 18 months ago and have just been told the ABS is not working, this was found because of other work on the car. The fact no failure of ABS has been seen before is due to the fact the warning light ghas been covered over by black tape. Do I have any legal recourse to the original seller. And if so would this just be consumer or any other legal action as this is a tampering of a safety system
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Is there any reason that you think this may be down to the seller? You seem to accept that its been caused by other work?
Customer: replied 3 years ago.

I can only assume that this was done by the seller; the car has not been to anyone for work since I have owned it. A garage who are looking at the vehicle for other reasons have just found the tape covering up the warning lamp, so either the seller carried out the 'fix' or someone they purchased from. Doesn't the seller have a duty to sell the vehicle in a safe working state? If the seller is not responsible for the 'fix' then it must be the on the person / person who sold it to them. He should have records?


 

Expert:  Jo C. replied 3 years ago.
Thank you.

I'm sorry but are not sure that I can give you good news.

Yes you do have a claim but it is difficult one for 2 reasons.

The 1st is that 18 months has elapsed since you bought the car. The 2nd is that you will have to prove that this was done before you bought the vehicle.

It is an offence under the Road traffic act to sell and unroadworthy vehicle which I think is what you are thinking. However, a non-functioning ABS does not make a vehicle unroadworthy automatically.

If you can find proof that the vehicle was deliberately sold to you in this state by the dealer then you do have a claim against him.

The practical reality is that it may be hard to prove that both.

The 1st thing to do is get a price for putting right this fault and tell the dealer that you want to be paid for that. If the dealer does not pay then you will have to take him to the Small Claims Court.

You could bring this under either the sale of goods act or the misrepresentation act.

The truth is that the dealer may pay to avoid spending resources upon defending this.

If he does contest it then it will depend what you the judge takes up the fact of the delay.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

Hi I thought under European Consumer Law that I had 2 years as opposed to the UK 1 year. Other than this I thank you for help.
Ray

Expert:  Jo C. replied 3 years ago.

If you mean the recent directive then that only applies to new purchases.

Jo C., Barrister
Category: Law
Satisfied Customers: 69790
Experience: Over 5 years in practice
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