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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48172
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I purchased a car on Monday 11th july from a garage, after 1

Customer Question

hello, I purchased a car on Monday 11th july from a garage, after 1 day it became un driveable due to massive shuddering. the tyres weren't great, so I had them all replaced, car still shuddering. I notified the garage last Saturday, I got no reply, I had a mechanic look at the on Monday and both driveshafts had much play. I texted the garage and called and left voicemails, still with no reply. the garage is 20miles away and I'm not using the car.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 1 year ago.

Were you offered any kind of warranty with the purchase of this car?

Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.
I'm sure 3months was mentioned
Customer: replied 1 year ago.
I'm so fed up I have booked a mechanic to do the driveshafts tomorrow at an approximate cost of £350
Expert:  Ben Jones replied 1 year ago.

OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Expert:  Ben Jones replied 1 year ago.

Sorry. I am unable to talk at the moment but do leave it with me and I will get back to you at the earliest opportunity. Thank you.

Customer: replied 1 year ago.
many thanks
Expert:  Ben Jones replied 1 year ago.

No problem at all.

Expert:  Ben Jones replied 1 year ago.

Hi there, when a person buys a second-hand vehicle from a dealer they will have certain rights under consumer laws.

First of all, 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 these 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.

Your other rights state 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 the first month 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.