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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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Dear Sirs, Could you please advise on my customer rights when

Resolved Question:

Dear Sirs,
Could you please advise on my customer rights when buying a second hand car from a dealer. The said car broke down after just one journey.As a 77 year old I am at a bit of A loss.

Thank you for your time.

XXXXX XXXXX.
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hi Steve, thanks for your question. My name isXXXXX can assist with this.

tdlawyer :

Whenever you buy a car from a dealer, it must be of "satisfactory quality" and "fit for purpose" under the Sale of Goods Act 1979.

tdlawyer :

What this means depends on what you pay for it, the description and what you knew about the vehicle etc.

Customer:

that answer is common knowledge,can the dealer be made to pay for repairs and out of pocket expenses.if so under what regulation,book title page number and chapter,help please.

tdlawyer :

Hence, you can force the dealer to pay for repairs (and/or reject the car and demand a full refund) if the car is neither of those things (satisfactory quality or fit for purpose - s. 14 of the SGA 1979).

tdlawyer :

The claims are maintainable under the common law principles in Hadley -v- Baxendale, an old case dealing with what losses you can claim for.

tdlawyer :

The key provisions for you though are in the SGA.

Customer:

The cost was £3000.00.the car was sold to us (my daughter and I) as being in good order and to have had a new CAM belt fitted,the belt was fitted but badly ie to tight.this coursed the break down.can we claim out of pocket expenses as it will be off road for 2 weeks or more.

tdlawyer :

I expect that you would be able to claim this type of expense, yes.

Customer:

is sga is that the sale of goods act ? s. 14 is that sub para ?

tdlawyer :

Yes, it's sections 14(2) and 14(3) that you need to refer to.

Customer:

Thank you so far,does my credit allow me to refer back to you. As an OAP i have limited income.

tdlawyer :

Yes, if you need to ask follow up questions, you can do later still - that's fine.

tdlawyer :

Is there anything more you wish to ask me now?

tdlawyer :

Are you there sir?

Customer:

so sorry i got called away, nothing further at the moment thank you.

tdlawyer :

OKay - thank you.

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