Phil

Not at all

IMHO its just VERY bad luck

Would be very interested in this new law though come on Rob

streetbeats

Ok its not definite.

But from the way it has been described, it looks well fishy.

Have to trust what ChrisBed is saying though

It could be that he picked it up and drove it from cold like a nutter and screwed things, but its pretty unlikely.....

It just sounds dodgy thats all......Id wanna investigate if it happened to me, and certainly wouldnt immediately just say well ok ***T happens, bad luck, Ill take the hit....

donutman

taken from the trading standards website


Second-hand cars - consumer rights
THE LAW - BASIC RIGHTS

When you buy goods from a trader you enter into a legally binding contract governed by the Sale of Goods Act 1979 (as amended by the Sale and Supply of Goods Act 1994 and the Sale and Supply of Goods to Consumers Regulations 2002). The law gives buyer and seller rights and responsibilities and applies to the sale of second-hand vehicles just as much as to all other goods. When you buy from a motor trader you have the right to expect the car to be:

of satisfactory quality;
fit for its purpose, including any special purpose made known to the seller;
as described.
There is no exact definition of 'satisfactory quality', although the law lists some factors to be taken into account. However, when you have bought a second-hand vehicle, you must consider the age, price, mileage, description applied, and all other relevant circumstances when trying to decide whether it is of satisfactory quality. Your expectations will have to be different when you are buying a low mileage two-year-old car than when you are buying a high mileage, ten-year-old vehicle. However, the car must certainly be:

fit to be used on the road;
in a condition which reflects its age and price;
reasonably reliable.
When you buy as a consumer from a motor trader, your legal rights under the Sale of Goods Act 1979 cannot be taken away or reduced. An example of an attempt to do so is a notice such as 'sold as seen'. Such phrases are meaningless and cannot alter your rights. Any warranty or guarantee can only be given in addition to your legal rights, not instead of them. You can take legal action under the Sale of Goods Act for up to six years after the date of the contract but it would usually be unrealistic to consider legal action for defects on second-hand cars, especially older vehicles, once you have had them in use for a reasonable length of time. Each case is different, so it will be best to take advice before you decide what to do.

PRIVATE SALES

There are some situations where your legal rights will be reduced:-

The rule is 'let the buyer beware' when you buy from a private individual. It is up to you to find out whether the car is of satisfactory quality, to make your own checks on what you are told and to take responsibility for your choice, as the seller is not liable for the satisfactory quality of the vehicle.

You are still entitled to expect the car to be 'as described', so if the advertisement says '1992 Ford Fiesta', it should be exactly that. Remember, though, that it may be much more difficult for you to enforce your rights against a private individual.

Whether you buy privately or from a trader, you are entitled to expect the vehicle to be capable of passing an MOT test when you buy it (unless you and the seller clearly agree it is to be sold as scrap).

You can also expect the seller to have 'good title' to the vehicle. In other words, to be the owner or authorised by the owner to sell. If you buy a car later found to be stolen, you have no legal right to keep it. You will have to try to get your money back from the seller.

The Consumer Credit Act 1974 gives 'good title' to the innocent private purchaser of a car which later turns out to be subject to a claim by a finance company because of a previous unpaid hire purchase or conditional sale agreement. This means that the finance company which is claiming the money cannot usually repossess the car against your will.