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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70216
Experience:  Over 5 years in practice
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What protection do I have? I bought a used car on 25- 03 -

Resolved Question:

What protection do I have? I bought a used car on 25- 03 - 14 and it has proved to have leaking radiator cost to replace £ 600+.
Grant Jenkins
07740 404564 [email protected]
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.

How much did you pay for the vehicle please?
Customer: replied 3 years ago.
£11949 including part exchange of another vehicle for £6000.
Expert:  Jo C. replied 3 years ago.
Thank you.

How old is the vehicle please?
Customer: replied 3 years ago.
3 years 3 months. First registered jan 2011
Expert:  Jo C. replied 3 years ago.
Thanks.

I do completely see why you are aggrieved over this but ultimately we are all hampered by the law to some degree.

This is a purchase to which the Sale of Goods Act applies. That will mean under S14 SGA it must be ‘fit for purpose’. That does not mean perfect but it does mean reasonably good with reference to the price you paid for it, its age and history. This is a fairly recent purchase and it wasn’t an insignificant price. Clearly it is faulty.

You do have to reject anything you purchase under the SGA which has a fault if you have not already ‘accepted’ it. What it means to ‘accept’ an item depends on the nature of the purchase, the price of the item, the length of time you’ve had it.

Also the fault was discovered within the first six months of sale so there is a presumption in your favour that it existed at the time of sale.

You do have a right to demand either a repair or a like for like exchange. The dealer can only refuse one or the other if he can show that the remedy is impossible or disproportionate.

Under the SGA, if he fails to act within a reasonable time or causes you unreasonable inconvenience, you are entitled to ask for rescission of the contract and a full refund or a price reduction.

Ultimately if they refuse though, they cannot be forced to provide you with an exchange. All you can sue for is damages in default.

Hope this helps. Please let me know if you need more information.

Jo
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