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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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I recently bought a second hand car from a dealer to later

Resolved Question:

I recently bought a second hand car from a dealer to later find that there was a problem with the electronics which on being checked by a local garage identified this problem had existed for some time prior to my purchase of the car. Do I have any right to my money back or for the dealer to resolve the problem at their expense. It did have a warranty which was in date when the problem was first identified but it does not appear to cover this type of problem.
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

Expert:  tdlawyer replied 3 years ago.
Do you know whether the problem is one that makes the vehicle difficult to use, and/or of unsatisfactory quality?
Customer: replied 3 years ago.

The problem when it occurs which can be any time makes the vehicle unsafe to drive and a danger

Expert:  tdlawyer replied 3 years ago.

Then if it's unsafe to drive, it is without almost certainty that the court is likely to consider it os untiusfactory quality and not fit for purpose. As such these would be breaches of the Sale of Goods Act 1979 (s.14(2) and 14(3)).

In this case, you would have the right to take the vehicle back and insist on your money back. If they refuse, then you could issue proceedings in the county court for repayment to be made to you. You can do this online at www.moneyclaim.gov.uk.

If the vehicle was less than £10,000 this would be a small claim, and as such, you could do it without legal representation if you wished. However, if more than this, I would strongly encourage you to get a solicitor to deal with it for you as there are significant costs consequences if you get it wrong and you lose.

If this is within the first 6 months of having the car too, then the burden is on the dealer to show the car is not of unsatisfactory quality, i.e. the law helps you out in this period. After that, the burden is on you, but even then, if you get an independent person (qualified engineer) then this should really help and make it difficult for the dealer to say that it is of the right quality and fit for purpose.

Tony

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