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: 48176
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

Brought a car in December and the gearbox is not working what

Resolved Question:

Brought a car in December and the gearbox is not working what rights to I have with the dealer
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. When did you initially notice the issues with the car?

Customer:

On the way home from buying the car phoned garage to tell them and they said they would sort after Christmas, but every time I contacted them regarding the issues they told me I had a 6 month warranty and to use that. The 6 month warranty only covers upto £500 inc VAT. They will not do anything about it and want me to transport the car at my cost to a gearbox specialist about 30 miles away. I know this repair will cost upto £2000 as I have had verbal quotes locally. What can I do please?

Ben Jones :

did you have the opportunity to inspect or test drive the car and were these issues apparent at the time?

Customer:

Yes we did and no they weren't, they only became apparent when the engine and transmission were upto operating temperature and by this time we were

Customer:

Where about 15mile away, but notified them as soon as we got home

Customer:

at the time we didn't know it was a gearbox issue we thought it was probably something simple to fix

Customer:

We thought it may have been the water pump as that had a lot of play in it, we payed ourselves to have that done as I would have lost more money not going to work to take the car back .

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, as you may be because you have not yet rejected it, 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.

Also I should point out that your rights as explained above exist regardless of any contractual warranty you may have, so whilst you can rely on the warranty, the dealer will still be liable.

Customer:

They keep saying the fault wasn't there when the vehicle was sold to me and he had been using the car on a regular basis. So where does this leave me?

Ben Jones :

this is your word against theirs, in such cases you may have to go to an independent garage to ask for their opinion and use that in your support, assuming they agree it was there at time of purchase

Customer:

Thank you that's just what I thought you would say ūüė§

Ben Jones :

no problem

Customer:

Bye

Ben Jones :

all the best

Ben Jones and 2 other Law Specialists are ready to help you