Warning to those buying an old car.

I have managed to reject a car after 9 months and 14000 miles, it was a new car and had lots of problems but if I remember correctly you must give them a reasonable  chance to fix the problem. So if they have offered to repair your car then I think that you need to give them that opportunity.
Then after that if the car is still not upto standard then take legal advice.

The term used for something that is not upto standard is merchantable so your car was not upto merchantable quality for sale. It is a motor trade buzz word and it simply means that the product is not upto standard. We said to the manager in our case that if the shirt he was wearing was bought with the pocket ripped it would not be if merchantable quality and he would return it and that was the same as our car.

Hope it works out for you

richyhill said

i can understand your frustration, unfortunately part of buying second hand motors :-(


Go and take out a new GT3 for test drive put it through front window of showroom or into lamp post, step out and casually say to the dealer "sorry about that, think your engineers must have missed the play in the steering rack".

:-)

After going through the legal side of it last night it has boiled down to this, the car HAS to be roadworthy under the sale of goods act, it does not have to be sold with a warrenty.

  This car has travelled less than 300 miles with a wear related fault which occoured some years before the point of sale, was not highlighted by the dealer and could of caused sudden loss of control of the vehicle. This has to be proven by an engineers report to stand up in court, as an engineer myself i know that it would as the wear is that significant. Should this go to court, the price of the car, the ad which i still have, the mileage between MOTs , the time left until its next MOT and various bits of paperwork i have would prove the car was unroadworthy when sold but was implied to be otherwise which is a criminal offence.

 The fact the car was PDI'd by his engineers who missed such a critical point makes it even worse, not only has he implied it was roadworthy, he has also had competent people check the car over befor sale meaning i had no reason to get it checked by the AA etc.

  The grey areas on this will only come about if it failed the MOT on a dodgy tyre or something else which could of worn through mis use in the 300 odd miles since its last MOT. see wear on clutch, brakes, tyres or maybe an electrical fault which could be argued "was not apparent at the time of sale" also a failed MOT Is not proof the car is unroadworthy.

 I've asked that the car be repaired at my local garage to bring it up to the roadworthy condition at his cost along with the cost of the MOT to which he's agreed. I do feel that the letter i sent may of been a bit heavy handed but on the flip side i didn't want to this to drag on,. To be fair he did accept my terms without argument. I good outcome i feel! Thanks for all your input.

glad you are sorted , get it fixed and enjoy your mk1

Glad you seen this through :wink:

In my opinion, this is not my car payment and take the keys, I mentioned three months warranty, is not ", he replied:" I knocked him down to £ 500, he will not "anything, but if I was ready to pay the full £ 500, then his honor. Then, I got in the car tank is empty, not even a stay in its five pounds. I was actually very angry at this point that it is the best, I on my way, if you know what I mean.

Nolanjohnson said

In my opinion, this is not my car payment and take the keys, I mentioned three months warranty, is not ", he replied:" I knocked him down to £ 500, he will not "anything, but if I was ready to pay the full £ 500, then his honor. Then, I got in the car tank is empty, not even a stay in its five pounds. I was actually very angry at this point that it is the best, I on my way, if you know what I mean.

 :dontknow:

£249.42 payment received into my bank account earlier today, this included the cost of parts, labour and VAT along with the £45 i forked out for the MOT. Job jobbed.

 Nolanjohnson, do you mean to say you'd of given the keys back but you liked my comment about being angry? I did try  

Glad you've got this sorted. Nothing worse than getting/paying for a "good example" and finding it isn't!

And all without having to lie under it in the snow weilding spanners.

Excellent.