Faulty Car ... Seller Refusing Return
- Thread starter Rensin
- Start date
Because it is the dealer's responsibility.
2 months on!?
I think it's unreasonable to expect a 20 year old car of this nature to be absolutely flawless. It also seems they didn't do the correct due diligence required for buying a car like this as well. Sometimes you just have to take it on the chin, accept you made a mistake and move on.
As someone else said there is a good chance they could reclaim most if not all of the cost by listing it on ebay/gumtree for spares.
When the car is making a dodgy noise, is priced as per one with a dodgy noise, you are aware and acknowledge it has a dodgy noise and you choose to buy it anyway, it's thoroughly unfair that it should fall back on the dealer to pick up the pieces.
If they've tried to shaft you and hidden it etc. then sure but demanding someone else sort it out because you chose to buy a car that was clearly half broken is unfair I feel.
might be worth taking another look at the OP, you will see it was a family member who bought the car.
I believe the dealer was contacted within a few days of buying the car about the noise. Jaguar specialist checked over the car approx 10-14 days later.
Also the dealer said the noise was normal on startup for an engine of it's age & type.
I'm only going by what I was told, have also told him he was stupid for buying the car without getting it checked over first.
Have passed on the advice from earlier in the thread and hopefully he listen's and will list on the bay.
Splitting for parts is not an option, he doesn't have the space or knowledge.
That's not how consumer regulations work. I don't think consumer regulations are unfair.
All trade sales have a warranty of some kind, unless the specific fault is mentioned to the buyer. The person that bought the car would not have purchased the car if the fault was known. That much is very evident and so no judge would agree that the buyer knew about the fault and bought it on that basis.
It isn't sold as seen and if a fault which isn't mentioned to the buyer, then the buyer has recourse. It is for this very reason the dealer is claiming that it is a trade sale (which it isn't) because they don't have a leg to stand on.
According to regulations, people don't have to be experts about goods when purchasing from businesses selling to consumers. They purchase on good faith that it is fit for purchase, which in this case is presumably that it would last more than 2 days nor have a major pre-existing fault.
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I'm well aware how consumer regulation works, so the extensive explanation is unnecessary.
That doesn't mean though that I feel it's fair that people can knowingly buy clearly broken cars and then throw it back at someone else when the thing that was clearly broken needs to be fixed.
The fault was known, the person bought it anyway, now he wants someone else to pick up the pieces because he's found out it's expensive. Zero sympathy from me.
Purchasing a car is not a gamble in this case. The buyer rightly expected the car to work. They weren't simply hoping for the car to work.
This is not an unfair expectation.
The fault was not known, otherwise they would not have purchased it.
I seriously doubt the dealer in this case was completely honest about the car.
This is not an unfair expectation.
The fault was not known, otherwise they would not have purchased it.
I seriously doubt the dealer in this case was completely honest about the car.
The fault was there, the buyer took his chance.
There is no reasonable expectation that a cheap 20 year old luxury car that is knocking when viewed should be perfectly reliable, that's a complete fantasy.
Luckily for the buyer though, consumer regulation makes his idiocy someone else's problem to deal with.
In most situations you are right and what you are suggesting is the correct course of action. However in this situation, read the following quote from the OP and tell me that it now applies?
I have a family member who has bought a 1998 XJ8 from a private car dealer, apparently the car was making a knocking noise when he went to view the car and was pushed to purchased the car by a family member?
Why on earth should the dealer take it back 2 months later just because the buyer has confirmed the price to fix it?! That's incredibly unreasonable.
The buyer is not seen as an expert, so relies on the seller, who's business is dealing in cars to inform them of whether a vehicle is working "correctly" or not at point of sale.
If there is some link back to this being the case (unless there is a specific note somehwere along the lines of "car sold with knocking noise from engine, buyer aware) and it subsequently turns out to be the case that this is a significant issue, as reported by another independent "specialist" then it is highly likely the purchaser would win any small claims challenge as the "goods" are not of satisfactory quality / as described.
It is also however an absolute nightmare of a process that could take months upon months if the defendant decides to play games around needing time to prepare etc. Keep in mind that unless a solicitor was appointed (£££) the claimant would want to be there in person (because you can and will be asked clarification questions) each time any delay occurs meaning time off work etc and then actually receiving the cash back would be, imo (as stated really early in the thread) a challenge too far given the purchase price.
From a common sense front the purchaser also needs a good shake as we know
If there is some link back to this being the case (unless there is a specific note somehwere along the lines of "car sold with knocking noise from engine, buyer aware) and it subsequently turns out to be the case that this is a significant issue, as reported by another independent "specialist" then it is highly likely the purchaser would win any small claims challenge as the "goods" are not of satisfactory quality / as described.
It is also however an absolute nightmare of a process that could take months upon months if the defendant decides to play games around needing time to prepare etc. Keep in mind that unless a solicitor was appointed (£££) the claimant would want to be there in person (because you can and will be asked clarification questions) each time any delay occurs meaning time off work etc and then actually receiving the cash back would be, imo (as stated really early in the thread) a challenge too far given the purchase price.
From a common sense front the purchaser also needs a good shake as we know
Because the dealer apparently told him it was normal.
It probably is normal, I expect a good chunk of bargain basement XJ8s are half broken
He took the car to see a specialist after buying the car, and has everything in writing listing the faults (not seen this) .... There is no mention on the invoice about any faults,all it says is company, buyer details, trade sale & how much was paid.
I have linked the original add in the 1st post, it mentions nothing of a knocking noise.
Infact he can't sell the car as he doesn't have any paperwork to say he owns the car (v5 etc)
I'm sure his Mrs has had a word with him lol and hopefully he won't jump in feet 1st next time.
if you google xj8 problems within 30s you find information like this
so this suggest noise is indication of chain/tensioner wearing and not necessarily a catastophic problem ?
Associate
The car was not working 100% when they purchased it and was making odd noises. It was then taken to a mechanic who confirmed yes the car is indeed broken it will cost X to fix. And now they want to return it?
Jog on they rolled the dice on a 20 year old liability and came up wanting, suck it up and move on. As others have said you can probably recoup most of the loss by breaking it or selling it for spares on eBay.
Soldato
I can't believe people are defending a dealership!
You buy from a dealership rather than private sale so you have some consumer rights, some peace of mind.
The car wasn't advertised as being faulty and the seller was told the noise was normal. It may have been painfully obvious to you or I that the car was knackered, but not to everyone. Evidently.
You buy from a dealership rather than private sale so you have some consumer rights, some peace of mind.
The car wasn't advertised as being faulty and the seller was told the noise was normal. It may have been painfully obvious to you or I that the car was knackered, but not to everyone. Evidently.
Soldato
- Joined
- 22 Aug 2004
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That depends on how it was sold, if it was done as a trade sale from the bangers round the back.