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Legal advice re: car purchase


PhilM

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My wife and I recently bought a second hand car from a dealer (48k, 55 plate). We took the car for a test drive and it was absolutely fine, checked out clear on an HPI check etc and all seemed fine. The day after we bought it, the engine management light came on after I'd left it parked up for about 10 minutes before starting it again. I left it overnight and when it started, the light was off and the car seemed completely fine.

 

Later on that day, I replicated the problem by parking it up for 10 mins and starting it again and the light came on and the car stalled and would not start. Leaving it for an hour returned the car to normal. I phoned the dealer and left a voicemail asking him to call me. He did not return my call. I took the car to a local garage and they diagnosed a fuel pump and regulator failure. Parts and labour would total £700. They also said that the problem was pre-purchase as there were further incidents of the same error stored on the ECU from before we bought it.

 

I've not been to see the dealer yet because it's a considerable distance from where I live, so before I do, my question is, what are my options and what are my rights before I pursue this? The biggest problem is that the dealer verbally agreed a three month warranty with my wife, but did not actually give it to us in writing at all.

 

Do we have any course of action available to get this bill paid for, or am I just going to have to suck it up?

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Yes, unsurprisingly, it is the mileage.

 

sales of goods act is probably your best course of action

 

That's where I'm thinking. At the moment I'm leaning towards the "you didn't return my call, thus denying me my right to return or request repair under the SOG act. Here's the invoice, I'll wait for a cheque."

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Yes, unsurprisingly, it is the mileage.

 

 

 

That's where I'm thinking. At the moment I'm leaning towards the "you didn't return my call, thus denying me my right to return or request repair under the SOG act. Here's the invoice, I'll wait for a cheque."

 

Section 14 fitness for purpose - implied term that the car was fit to ..you know.....drive

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Section 14 fitness for purpose - implied term that the car was fit to ..you know.....drive

 

Where the grey area comes in for me is that I test drove it and then drove it 50 miles home and it was fine, which is presumably what they'd argue.

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Where the grey area comes in for me is that I test drove it and then drove it 50 miles home and it was fine, which is presumably what they'd argue.

 

nah I don't think that confirms your reasonable expectation that the car will be fit for purpose for longer than that. I also think there's a implicit warranty whether or not a written on e is provided.

 

That said I'd rather talk to the dealer or someone that knows that they are talking about

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I would wager they will try everything to get out of it but legally you hold all the cards especially as the garage can prove the fault existed pre sale. Fuel pump eh, so you bought a VW/Audi? wink.gif

Edited by D.Boon
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Where the grey area comes in for me is that I test drove it and then drove it 50 miles home and it was fine, which is presumably what they'd argue.

 

A threatening letter with a law firms letterhead usually works wonders in these type of situations...legally threatening that is... not saying you'll bonk em on the head..

Edited by YNWAdownunder
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I would wager they will try everything to get out of it but legally you hold all the cards especially as the garage can prove the fault existed pre sale. Fuel pump eh, so you bought a VW/Audi? wink.gif

 

I bet a fuel pump for a VW/Audi would cost me considerably more than £700.

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