fun with the sale of goods act

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Right, so I bought a car yesterday from one of those little independent sales places. Quite a cheap car from about 150 miles away. The thing overheated on the way home. Now, I know Ive got to give them a chance to fix it but what about the cost of recovery? Im already pretty livid with them as they were supposed to have taxed it but forgot the post office would be shut, lied to me that it was all done. So as it would have cost 100 on the trains to go and come back again Ive got an 80 fine coming my way for sure. So needless to say I dont trust them and dont want to be stumping up lots of cash to get it towed up to them
 
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Am I right in thinking they have to be allowed first go at fixing it and theres no requirement for them to cover the cost of recovery? Should I try and convince them to cover some of the cost of repair at a garage local to me??
 
Soldato
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What value was the car? And, how did you pay for it?

I think you should inform them officially that you are rejecting the car and tell them to pick it up and refund you.
 
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Paid cash, £650. Just a cheap little hatchback, was meant to be the sensible option! Going to pop out and take another look at it.
 
Soldato
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No worries, if it was card you would have had a good claim.

I think you should tell them you are rejecting the car and get a trading standards/consumer direct claim number which you can do online, this usually makes it more serious for the garage.

You shouldnt have to return the car, they have to pick it up.

This is quite a bit of hassle though, I have done this and it isnt the nicest experience as it can take a week or so to work out. So, it might be worth just trying to find out what the repair will cost and fixing it if its cheap.

Thats not right, but if its a cheap fix it'll save you a fair bit of hassle.
 
Soldato
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Also, anytime i buy a car I always pay the deposit or part with a credit card as legally they are then responsible for the entire purchase. Just an extra element of security.
 
Soldato
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With cars you have a relatively long time in which you can reject it. This is because there are lots of underlying problems that it's reasonable not to have noticed. In fact, the case law has a number of examples where cars were rejected after three months!

If you reject the car then you should get a full refund. As to the cost of recovery, it depends if this was due to a breach of contract. Did they tell you the car was in full working order? If so, given the small time before it broke it's probably safe to call it a breach of contract and demand the recovery fee back as well.
 
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Rather predictable...
"Sold as seen"
Got him to agree to repairing the fault in the cooling system, but as it happened in roadworks and I didnt get the chance to pull over immediately theres obviously plenty of handwringing. He knows I'm not local and the recovery cost for it would be more than the cost of getting the work done...

Frankly part of me wants shot of them, part of me wants to cause them some hassle like theyve caused me regardless of the cost now
 
Caporegime
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The Sale of Goods Act 1979 sets out several rules outlining what buyers can expect when buying goods – including cars.
A car must be of satisfactory quality, which means
• A car must meet the standards a reasonable person would expect to be satisfactory, taking into account how it was described by the seller, how much it cost, the age, history and mileage
• This covers factors including the appearance, integrity, safety and durability of the car
• It should be free from defects, unless pointed out prior to purchase
Dealers may be considered liable for faults present when the car was sold, but came to light later on. They are not responsible for general wear and tear, breakdowns during regular use or problems resulting from the driver’s misuse or damage.
A car must also be as described, meaning:
• The car must match any verbal or written descriptions provided by the dealer about the car, including adverts
• It should have all the features included in the advert, and they should work properly, unless the buyer has been told otherwise
Cars should also be reasonably fit for any normal purpose, and suitable for any other purpose the buyer informs the dealer of. For example, a dealer should not sell a small hatchback to tow a caravan.
These are basic rights afforded to buyers of goods, irrespective of other warranties, breakdown cover or guarantees supplied by the dealer. Similarly, descriptions such as ‘Sold as Seen’ don’t make the dealer exempt from these legal obligations.
He can't have his trading cake and eat it, I'd argue a mechanical failure when driving it home would fall under not fit for any normal purpose.
 
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Soldato
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As long as they're a proper company and not a private sale they still have to comply with the sales of goods act as it has to be fit for purpose, unless they stated the fault at the time of purchase. As the fault occurred so quickly it can be claimed it was there at the time of purchase and because you're not mechanically minded would not have spotted it when you "checked" the car over before you purchased it. You're well within your rights to get the car repaired by them, however claiming the recovery costs may be more difficult.

MW
 
Man of Honour
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Personally I'd expect to reclaim the recovery costs and get the repair for free, OR reject the car and waive the recovery costs (assuming they are willing to fix the car).

Contract law aims to put people in the possition they ought to have been in had there been no breach of the contract. If you decide you want to repudiate the whole thing then (unless it is too unreasonable or impracticle for them to fix it, in which case they are obliged) then I imagine you may struggle with the recovery fees.
 

Bar

Bar

Soldato
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Garages cannot sell cars as "Sold as Seen" they only route they have is to sell you the car as parts. This is usually on a lovely red form that you need to sign.
 
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Yep, told him as much. Problem was you could then hear the cogs whirring and he agreed to fix the cooling system, but not any resulting engine damage. This then means it would be prohibitively expensive to get it towed there and back for something cheap like a thermostat or radiator.
Half a mind to, anyway.
 
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Sorry to butt in here. My mate bought a car a couple of days ago and its a right bucket of ****. I would be surprised if it lasted a couple of weeks. Now if it does go teats up can he return it for a refund even when the guy selling says he cant offer a guarantee as the car cost under £2k?
 
Soldato
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in regards to the cost of recovery. do you not have breakdown cover?

whilst i agree that the dealer should be footing the bill. no way would i drive anything without some sort of back up in case things go wrong.
 
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I've not gone into the T&Cs, but I doubt they'd tow it all the way down here, just to tow it all the way back up there.
 
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