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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I purchased a Car which was described as an Audi A4

Resolved Question:

Hi,
I purchased a Car which was described as an Audi A4 TDi Quatro, as I had a fair journey to make, I text the trader dealer asking if there was anything wrong with the car? he replied that the center console arm rest bracket was broken and that about it (I still have copies of the text).
I bought the car and within a week the gearbox went - IO took this to a garage for a quote (£530+vat) but was then advised that the car was not a Quatro but an SE.
This is all within 2 weeks of purchase.
I have looked at the receipt and he has written 'trade sale - no warranty'
What rights do I have?
Regards
Nick
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
I presume this is a dealer sale rather than a private seller?
Customer: replied 1 year ago.

Yes, although not a prestigeous garage

Customer: replied 1 year ago.

Yes,but not a prestigeous car dealer as such.

Expert:  Jo C. replied 1 year ago.
How much did you pay and how old is the car please?
Customer: replied 1 year ago.

It was advertised at £1550 but I paid £1370 and its 12 years old

Expert:  Jo C. replied 1 year ago.
OK.
You do have rights in theory to reject it under the Sale of Goods Act. This is a fairly recent purchase and it clearly has a major fault. However, it would be irresponsible of me to tell you that this is your best point. A series of cases have confirmed that a car has to literally be falling to pieces before you can reject a second hand vehicle.
You do still have rights to demand a repair or an exchange.
Another option is to sue for misrepresentation. If this vehicle was advertised as a particular type and it is not then that is misrepresentation. The only risk is that you might not get a full refund but the diminuntion value but then your rights to a repair or exchange would be triggerred.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.

The car came with a series of receipts including one which states the gear box was subject to a full recondition in 2011 and another saying with a clucth bearing kit in Feb 2015.... there were many other niggling faults but we sort of expected that for its age but, we did not expect to lose 2 gears within 5-days and have it at a garage on the 6th day to be told today that its not a quatro and that the gearox re-build would be £540 plus vat. We were told by the gear box specialist that the car was not safe to drive so now we are without.

Do you think a letter stating the the car was advertised incorrectly and we were induced into its purchase on misleading grounds. We were also advised the car was fit for purpose with only a centre console arm rest damaged and therefore demand either the full cost of the gearbox repair or a full refund?

Regards

Nick

Expert:  Jo C. replied 1 year ago.
Sorry for the delay.
Generally speaking a letter before action is very effective.
Jo C., Barrister
Category: Law
Satisfied Customers: 70012
Experience: Over 5 years in practice
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