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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70515
Experience:  Over 5 years in practice
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I have bought a secondhand car from a dealer in January 2014,

Resolved Question:

I have bought a secondhand car from a dealer in January 2014, it has now broken down with a blown headgasket causing a bill of approximately £3000 when the value was £3600 should it still be under garantee because I was given only 3 months?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is ***** ***** I will try to help with this.

How much did you pay and how old is the vehicle please?
Customer: replied 3 years ago.

The price I paid was £3600 and the car is 10 years old

Expert:  Jo C. replied 3 years ago.
Thank you.

There is no requirement for a dealer to provide a guarantee at all I'm afraid. Guarantees are not usually worth very much anyway. If a three-month guarantee was all that was provided then that is what you are stuck with.

However, you do still have rights under the sale of goods act to demand that this vehicle be "fit for purpose". You could argue that a substantial breakdown in a short period of time renders it unfit for purpose.

It depends when you purchased exactly and when the faults developed. If it was within six months of purchase then there is a presumption in your favour that the faults existed at the time of sale for the dealer to rebut.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

The car only had 83,000 miles on the clock and there was a fault with the steering which caused the wheel to wobble at 70mph which could be caused by the wheel weights coming off which I discovered on alongish journey. I have done no mileage since buying it as I am retired. I would this not more than 1000miles which makes one think that the fault could be there already which could mean "it is not fit for purpose". Fault occured within the 6 month period.

Expert:  Jo C. replied 3 years ago.
Fitness for purpose doesn't mean perfection. It just means reasonably good with reference to the price you paid for it and its age and history.

This is a fairly large fault though and you didn't pay a rock bottom price for it so I think it probably would be covered.
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