Ask a Law Question, Get an Answer ASAP!
Hello, my name is ***** ***** it is my pleasure to assist you with your question today.
have they say why they refuse to help?
ok thanks let me get my response ready please
When a consumer makes a purchase from a business seller, they will have certain 'statutory' rights under the Sale of Goods Act 1979 and the Sale and Supply of Goods to Consumers Regulations 2002.
The law states that the goods must be of satisfactory quality, as described and fit for purpose. If they are not, you will have certain legal remedies against the seller. The only time action can be taken against the manufacturer is under a manufacturer's warranty or guarantee. There is no protection against fair wear and tear, misuse or accidental damage, faults that were pointed out at the time of sale or if you change your mind and no longer want the goods.
Under law the following business practices are deemed unfair if they prompted you to make a decision to buy the car in question:
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 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.
the answer is above, can you see it?
I cannot comment on the mechanical issues as that would be for a mechanic to confirm but if it can be shown that it was the case then you could indeed pursue the dealer, regardless of whether there was a warranty or not