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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I purchased a second hand car in November 2015 from a motor

Customer Question

I purchased a second hand car in November 2015 from a motor trader,it may have a transmission or gearbox fault,the mileage is average or below depending on the way you measure it,have I the right to demand fixing the fault at no or little cost,or trading back the car with the loss of costs.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.For now please let me know how much you paid, how many miles and if it had a warranty?Alex
Customer: replied 1 year ago.
£15.000 , 49.000miles when the problem occured,2011 January year of make.
Warrenty expired February 17th.
Customer: replied 1 year ago.
The motor trader is currently holding the car to investigate,they are 100 miles from my home.
Expert:  Ash replied 1 year ago.
When did the problem start?
Customer: replied 1 year ago.
Last week early in the week
Approx end of febuary
Expert:  Ash replied 1 year ago.
Ah so it was out of warranty? Did the seller know about the defect?What is the cost of repair?
Customer: replied 1 year ago.
Yes just out of warranty
They have the car at the moment
I did say they have the car
The cost is not estimated yet
I'm concerned about the car but can I make them take the car back if it's going to be a fight as too who pays for this problem
Expert:  Ash replied 1 year ago.
Can you make them have it back - sadly not. The warning for second hand goods is buyer beware.Potentially you have an argument to make them carry out the repairs but not for a return.If you bought the car after 01 October, you only have 30 days to reject a second-hand car and get a full refund under the Consumer Rights Act. Therefore as it has been longer you are not entitled to reject. When you buy a second-hand car from a dealer, you have the right, under both the Consumer Rights Act (which replaces the Sale of Goods Act from 01 October 2015), to expect the car to be of satisfactory quality (taking into account its age and mileage), meet any description given to you when you were buying it, be fit for the purpose.If the second-hand car does not meet these requirements, you have the right to claim against the dealer for breach of contract.But if you buy a second-hand car that was not described as being in excellent condition or good working order and it breaks soon after you buy it, you don't have any right to reject it or to claim compensation.As it stands you have an argument for repair but not a refund.Can I clarify anything for you about this today please?Alex
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