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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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I purchased a used car from a motor retailer on 02/11/2013

Resolved Question:

I purchased a used car from a motor retailer on 02/11/2013 the car broke down 100 miles from home 6 days later, the car was transportedsale to my home. I informed the dealer of the problem, liability is in dispute, to date no progress towards a remedy is being made. A 1 month dealer warranty came with the car, no conditions where expressed or implied at or before point of sale. On the invoice under extras it states "1 month warranty", no terms or conditions are shown or attached to the sale bundle. Doe's this imply a 1 month unconditional warranty is enforceable, Am i safe to proceed with repair's under this warranty ?
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

Unless they specifically attached conditions and exemptions to the warranty, none will exist. They can't have that both ways. If they offer a warranty then it's a warranty. If they want to add conditions than they have to add them.

In any event though, you still have rights under the sale of goods act. This is a dealer sale and a recent purchase and so you can rely upon those rights.

On your substantive point though, you can rely on the warranty.

Obviously though nobody can guarantee that they will not try to escape liability. If they do then you can sue. If the facts are as you say, then you should win.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

There is a point that could come in to question. After the sale's invoice was signed by both parties, i enquired about an extension of the warranty to start at the end of the 1 month warranty. I was informed this was possible and was presented with a brochure for a "driver Mechanical Breakdown Warranty", operated by Lawgistics Ltd. This brochure described a cover summary . No term's or condition's where provided, no contact details where provided no dealer stamp was present in the allocated space, no contract was entered in to. Could the sequence of event's be argued?


Would it be possible to forward any Emails regarding this case for your comment?

Expert:  Jo C. replied 3 years ago.
I'm sorry if I'm missing the point but Im not sure what you mean?
Customer: replied 3 years ago.

This point is made to clarify. Could the dealer imply the dealer warranty is a driver warranty operated by Lawgistics?

Expert:  Jo C. replied 3 years ago.
Well, it depends what was agreed.

If you are saying that there was no conversation about the terms of the warranty at all but you were handed a brochure governing it by this company which has exemptions then yes they could rely on that.

You could still drop-down on the sale of goods act.
Customer: replied 3 years ago.

Nothing was agreed it was merely an enquiry. I am aware that i have recourse under the sale of good's act, but this seems to rely on the dealer being cooperative. I need to take enforcible action that that will safely lead to a positive solution.

Expert:  Jo C. replied 3 years ago.
No, the SGA doesn't rely on the dealer being co-operative. Its the law.

Ultimately everything relies at this stage on dealers co-operation. If a dealer won't comply with the law then you have to sue. There's no other way of forcing them to comply.

Customer: replied 3 years ago.

So in conclusion, are you saying my only safe way forward is litigation under the sale of good's act? My understanding is that litigation is the last resort. How much non action do i have endure, before litigation is considered appropriate?

Expert:  Jo C. replied 3 years ago.

Litigation is the last resort but if they refuse to offer anything then its your only option.

Whatever the warranty says or does not say, the fact remains that they are refusing to cover it I presume? If so, your only option is to sue.
Customer: replied 3 years ago.

Thanks for your assistance.

Expert:  Jo C. replied 3 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’.
Jo C., Barrister
Category: Law
Satisfied Customers: 69528
Experience: Over 5 years in practice
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