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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48156
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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There.I bought used car from ,I believed is a trader

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Hello there.I bought used car from ,I believed is a trader as was described on Autotrader website, a lady.Through phone call she gave me adress and told there gona be her employies ready to help.So I came to place ,checked bodywork and inside.Before I started engine I asked for some paperwork.I was asked to come into office for them,for that while second man sprayed car underneath with water,protended valeting.They gave me some old mot where is hard to read what was done and the last mot with no advisories on it.I was assured there is more paperwork coming with vehicle,just need to be handled to office by their boss.So I went back to check out.Engine started fine with no smoke and all electronics works fine.I asked guys for a test drive so they took me across round trip where was speed limite and high traffic.Everything worked fine,by that speed there was no issues.
In same time he made few phone calls pretending boss already brough some more paperwork down office .He also done call pretending somebody else have hi interest and coming to see vehicle later on.So we came back to office, where they showed me some more invoices made on same car.At the end I deside to buy the car about I was asured is in good working order and with mind that anything happen I can come back and they will help me if something goes wrong,that they have a garage working with.I went to bank for mony and been told they prepare paperwork for me. When I come back I just sign V5C document and confirmation that I did pay to owner(Boss lady).They gave me a file with some paperwork so I though its all other invoices and receipts.Unfortunately I didnt check it straigh there. I left place very happy cause all conversation was very friendly and polite. When I get home I did find out that file they gave me dont have last mot so I rang them back.They did apologise that they had to swap my paperwork, but that I dont have to worrie, just need to let them know when im coming, so they can give me what I need. Cause weekend coming I desided to leave it for monday.Next day morning I find out there is a leak under the car so I rang another mechanic.He told me that there is issue with power steering and also something with front wheel fixing.Two things which will fail mot test.I tried to contact seller straight away but nobody answered .I left several messages.On monday boss called me back that car is sold now,that i was happy with condition when buing,and if something wrong with car I need to go to independant garage for work if I need to and they can provide parts for trade prices..Also refused to give me recent mot which was not in file they gave me.So I went to dvla site to check mot history.I did find out that last mot they did show me was faked copy,cause there was few issues on it,as well as oil on power stearing and some use on wheel fixing,plus miles been changed to km(so I though Im buying car with 145000 km not mildes.)..I called that garage but they cant tell me why it is so.All other comunication failed for no answer.I really do like a car I bought,but cant use it,because is not safe for road.Please how can I sort this?Many thanks,Peter.
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. So do you know If she was actually a trader or not?
Customer: replied 2 years ago.
All what I know is,that they selling mazda bongos for a while.As nobody want to take my calls anymore I gues they are not,even they still selling cars through autotrader as a trader.
Expert:  Ben Jones replied 2 years ago.
When a person buys a second-hand vehicle from a private seller, their rights will be somewhat limited and will not be as extensive as if they had bought it from a dealer. Certain sections of the Sale of Goods Act 1979 (which mainly applies to business transactions) would still apply but the buyer’s protection would certainly not be as extensive.
In general, there is no legal requirement for the vehicle to be of satisfactory quality or fit for purpose. Therefore, the buyer will only have rights in the following situations:
• If the vehicle did not match the description given, whether in the advert or any subsequent discussions. This would amount to breach of contract or misrepresentation
• If the seller broke a specific contractual term – e.g. if they fail to do something they specifically agreed to, for example, fix certain faults or provide an MOT. This is also going to be a breach of contract
• If the seller was actually a dealer posing as a private seller - this is an unfair commercial practice and can even be a criminal offence
• If the vehicle is unroadworthy – this occurs if its brakes, tyres, steering or construction make it unfit for the road. This will also be a criminal offence.
In the first instance, any issues with the vehicle should be resolved directly with the seller. You can also use threats of legal action as a negotiating tool, although I would only recommend formal legal action if you have valid grounds where you can show your situation falls within one of the circumstances listed above.
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, 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.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 2 years ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.
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