How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47368
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

I bought a car two weeks ago and the gearbox has gone and I

Resolved Question:

I bought a car two weeks ago and the gearbox has gone and I broke down on the bypass 40 miles away from home. also the mechanic that came out said my tyre wear was barely legal and I could be finned but the garage I got it from has just put it through its mot what can I do.
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Was the gearbox issue just wear and tear or did the garage say it was obviously something that would have been obvious?

Customer:

it just gave up it was fine then just went when I was driving home.

Customer:

the garage had said it ran fine and was in good order when I bought it.

Ben Jones :

When a person buys a second-hand vehicle from a dealer they will have certain rights under consumer law, specifically the Consumer Protection from Unfair Trading Regulations 2008 (CPR) and the Sale of Goods Act 1979 (SGA).


 


Under the CPR, the following business practices are deemed unfair if they prompted you to make a decision to buy the car in question:



  • Giving false information about the vehicle or deceiving the buyer through false advertising

  • Giving insufficient information to the buyer, for example leaving out important information about the condition of the car


 


Failure to adhere to the CPR rules will be unlawful and may even amount to a criminal offence so if you believe that the dealer acted in contravention of these rules you can bring this up with them when you contact them about this.


 


In addition, you will have certain rights under the SGA, which states that when you buy an item from a business seller it must be of satisfactory quality, fit for purpose and match its description. If the car does not satisfy any of these, the dealer will be responsible.


 


They will only be liable for faults that were present at the time the vehicle was sold, even if they become apparent later on. However, they will not be liable for fair wear and tear, misuse or accidental damage or any issues that were brought to the buyer’s attention before the sale. The age and value of the vehicle will also be relevant and the expectations of older vehicles will certainly be lower.


 


If the vehicle does not meet the above requirements, the buyer can reject the vehicle and return it to the dealer requesting a refund. However, this will need to be done within a ‘reasonable period, which is usually 3-4 weeks after purchase.


 


If the buyer is too late to reject the vehicle, they could instead request that it is repaired or replaced without causing them significant inconvenience. The dealer may only reject a repair or replacement if it is impossible or disproportionate in the circumstances. If that happens, you are entitled to get it repaired elsewhere and claim back the repair costs, although there is an obvious risk in doing so as there is no guarantee in getting any of the money back.


 


If the dealer refuses to resolve this issue or accept any liability, you could take legal action against them. However, before going down that route you should try and resolve the issue directly with them by sending them a formal letter specifying how you want this matter resolved and giving them 7 days to respond. Advise them that if they fail to get back to you or deal with this in a satisfactory manner, you will have no other option but to report them to Trading Standards and issue legal proceedings to seek compensation.

Customer:

is there any grounds on the fact that the car was sold in a dangers condition beacause of the tyres and they had past it only two weeks ago when I purchased the car.

Ben Jones :

that in itself could be a criminal offence because the seller has the duty to ensure that you are not sold a car in a dangerous condition, including dangerous tyres. This is a factual matter and it would depend on whether the tyres were illegal at the time of sale

Customer:

I only have the mechanics word that the tyre would not have worn down form the legal limit in the time I have had the car. could I put that to the garage when I speak to them in the morning.

Ben Jones :

yes certainly, but it would be the mechanic's word against theirs so could be difficult to prove but certainly worth mentioning

Customer:

if they refuse to fix it have I the right to say I don't want the money back and ask for a replacement as the work may cost more than I paid for the car as I know they have the same model but just a few years newer.

Ben Jones :

at this stage you have all 3 options - reject and ask for refund, ask for a repair or a replacement

Customer:

ok thank you and if I find I am getting nowhere I will speak to my solicitor in the morning and ask him to help me with this issue.

Customer:

will I have to pay for my recovery costs or can I ask them to pay. I thought it depend on the warranty but am not sure.

Ben Jones :

you are most welcome, hope you resolve it one way or another

Ben Jones and 3 other Law Specialists are ready to help you