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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70199
Experience:  Over 5 years in practice
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hi we bought a car from a dealer 6 days ago and since then

Resolved Question:

hi we bought a car from a dealer 6 days ago and since then it has been back to them for the exhaust falling off and now today the clutch mechanism fell apart, we had to get it recovered back to the garage costing £140.
The garage then called to tell me it was going to cost me a further £70 to put it right.
I am now very uncomfortable with the car's capabilities and i would like to return the vehicle for a refund but, the garage tells me i cant.
What can i do?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
How much did you pay for it and how old is it?
Customer: replied 2 years ago.

hi i paid £2400 and it is 10 years old.

Expert:  Jo C. replied 2 years ago.
Did they point out any problems at the time of sale?
Customer: replied 2 years ago.

no they did not. It was in apparent good working order.

Expert:  Jo C. replied 2 years ago.
Thanks,
Did they offer a warranty at all?
Customer: replied 2 years ago.

no they said it would be mot'd and made to perfect working condition.

Expert:  Jo C. replied 2 years ago.
Thanks.
They certainly should be offering a repair at the very least. This is a vehicle covered under the Sale of Goods Act.
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.
Obviously they will be unhappy about any attempts to reejct this vehicle.
The fault was, however, 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. He is probably relying on the latter.
However, 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.
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