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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 55249
Experience:  Qualified Solicitor
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I bought a car from a dealer on the 10/5/2018 Bought with a

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Hi there ,I bought a car from a dealer on the 10/5/2018Bought with a stamp that states trade sale , sold as seen no warranty implied or given for spares and repairs only.The secound day driving the car now and the water pump has given up.Is there any recourse or what is the best thing to do.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Did you have the car inspected before purchase?

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Customer: replied 10 months ago.
Had an mot and was running ad driving , when I took delivery. I ask if it was machanically sound and on the test drive it was fine.

thanks, ***** ***** in the queue for a phone call and will call as soon as I can, thanks

Hi there, tried to call a couple of times with no answer, unfortunately...when are you available today as I am going to travel shortly so may not be available for a couple of hours

Customer: replied 10 months ago.
Hi Ben sorry as the phone never rang this side I believe it was a problem with the network.

No problem, sorry we could not get hold of each other on the phone.

If a car is sold with no warranty and/or as spares, this is usually an attempt by a dealer to try and avoid any general consumer protection they have to offer. They are basically saying that the car is not roadworthy and sold exactly as seen and therefore you accept responsibility for any issues with it.

In reality, it is not that simple to achieve. If a sales agreement includes the words “spares or repair” included in it, the dealer is basically saying that the car is unroadworthy and should not to be driven on a public road. If they sold it to you on that basis but happily allowed you to drive away in it, they could have acted incorrectly.

According to Section 75 of the Road Traffic Act 1988, a used car dealer is required to prove that if they sell an unroadworthy vehicle “there was reasonable cause to believe that it would not be used on the road or would not be used until it had been put into roadworthy condition”.

What this means is that if taken to court, the trader would have to show that they took all reasonable action to ensure that you knew the car was unroadworthy and that you were not going to drive the car. The car would have to be clearly advertised that the car was unroadworthy (and a small comment that says “spares or repairs only” in the fine print is not adequate), a test drive request would have to be declined and the dealer would have to make sure that you did not attempt to drive the car away after purchase. If the trader fails to take these actions, you can reasonably argue that you were not made clearly aware that the car was unroadworthy and any claim that it was sold for spares or repair should fail.

You can advise them of all this, state that you are now rejecting the car under the Consumer Rights Act 2015 (or ask for a repair instead if you want to keep it, or ask for a replacement if you still want a car from them). If they refuse, state that you will contact Trading Standards over this and potentially make a claim. If there is still no resolution, you can consider a claim in the small claims court.