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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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I purchased a car on 3rd March 2015 and it broke down on Saturday

Resolved Question:

I purchased a car on 3rd March 2015 and it broke down on Saturday 21st March with what has been diagnosed as a major gear box failure, with a possible repair price of £3,000. (Original price of vehicle £900).
I signed a purchase agreement with the following clause: "Above vehicle is sold as 'salvage', a part exchange clearance sale means NO warranty whatsoever is implied or given, the seller of the above vehicle will NOT entertain any claims in relation to that vehicle, by signing this invoice you are agreeing that you have fully examined the car, you are aware of any faults it may have and are satisfied as to the merchantable quality relative to the price you have paid, and that you completely understand the meaning of 'part exchange clearance'."
Could you advise what consumer rights I have in this case please.
Norman Cave 01983 866248
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. Was it bought from a dealer?

Customer:

Yes from Safeway Vehicle Sales on the Isle of wight

Customer:

Hi Ben are you still typing your reply please?

Customer:

Ben, sorry but I have received an email saying you have answered the question but cannot find/see your answer anywhere. Norman

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


He car may have been advertised as ‘salvage’ but 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. You appear to have paid quite a low price for the car and on the assumption that it was salvage so there would be no guarantees as to its quality, unless you can show that you had been misled in some way by the seller.

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. Often such pressure could work in getting some kind of a resolution but be realistic in what you may get if you were to take it further.

I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you

Customer:

Ben thanks for your answer, which has been helpful. Can I come back to you (under the present financial arrangement) with any supplementary question after I have spoken to the car dealer later today please? By the way I notice the dealer is part of the "The Good Garage Scheme"

Ben Jones :

yes you may do so - you are free to come back and ask a follow up query if needed. However I would be grateful if you could please leave your rating for the response and service so far

Ben Jones :

you can still come back to me later if needed

Customer:

Ok thanks Ben I shall leave my rating and may come back. Thanks you have been very helpful.

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