Faulty Car ... Seller Refusing Return

[p1RATE]

I think people are right in this instance that it really should be on the buyers head.

If he had done even the tiniest bit of due diligence he would have found there are really 2 major things to watch out for when buying an xj8. Belt tensioner and rust. A lot of them had their engines recalled due to nikasil engine coating and these tensioner were upgraded.

Doing the preventative maintenance or living with the possibility of failure is just one of the inherent costs for this generation of jag. Hence why you can pick them up for 1k.

 

[andybird123]

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.

Its surprising how few people care about their consumer rights. Its also surprising how few people use a credit card to pay a deposit or such to get full protection without needing to initiate a court claim.

 

[sigma]

I don't think it's the buyers fault and the law agrees. If the problem wasn't described correctly then the seller must refund. Proving it will be hard though.

I think people are right in this instance that it really should be on the buyers head.

Wrong.

https://www.whatcar.com/news/consumer-rights-act-2015-new-consumer-law-will-help/

 

[p1RATE]

Wrong.

https://www.whatcar.com/news/consumer-rights-act-2015-new-consumer-law-will-help/

Is English not your first language? i said should be. Not, it is.

 

[sigma]

Is English not your first language? i said should be. Not, it is.

No, it's my 7th language. Who cares what should or shouldn't be? The law IS on this guy's side. That's what matters.

 

[jpaul]

Does the buyers right in this case depened on whether it was of satisfactory quality, or whether it was misrepresented ?
are more extensive consumer rights summary from which http://www.which.co.uk/consumer-rig...car-i-bought-has-a-problem-what-are-my-rights

Second-hand car from a dealer
When you buy a second-hand car from a used-car dealership in the UK, you have rights under the Consumer Rights Act (which replaced the Sale of Goods Act from 1 October 2015). You should 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 (whether in the ad or in discussions prior to sale)
• be fit for purpose (in this case, to get you from A to B safely).

If the second-hand car does not meet these requirements, you have the right to claim against the used-car dealer for breach of contract. You should make contact with the dealer as soon as possible, and can follow our step-by-step tips on how to complain about a second-hand car not fit for purpose.

If something you buy is not as described, or the seller is guilty of misrepresentation, you're entitled to:

• give the second-hand car back and get your money back
• ask for compensation if you want to keep the car (usually the cost of any repairs it needs).

But if you buy a second-hand car in the UK 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.

 

[Brazo]

Is English not your first language? i said should be. Not, it is.

Over here in England we capitalise the first letter of a sentence.

 

[MichaelAwkward]

^Quoted bit above covers it really.

The knocking noise was known during the test drive and discussed with the seller. At the point the sale took place the car was still working.

I certainly wouldn't waste the time, effort or money required to test how this would be decided according to the law.

 

[semi-pro waster]

That depends on how it was sold, if it was done as a trade sale from the bangers round the back.

A dealer claiming something is a trade sale doesn't necessarily mean that it is, especially not in a case where they aren't selling to someone else who is in the trade. Traders can't derogate out of their responsibilities under consumer protection legislation just because they don't like their responsibilities and customers can't really sign away those rights either in a way that legally means anything - they can choose not to avail themselves of their rights but that's not quite the same thing.

That said there are questions about reasonable expectations and for a car at this sort of price point you'd be somewhat naive to expect it to be perfect - whether the issues it has are sufficiently beyond that to make it neither of satisfactory quality nor fit for purpose might be a matter for a court to decide if they wish to pursue it that far. It's likely to be a fair amount of hassle if the purchaser does go down the legal route and no absolute guarantee of success.