Purchased 2nd hand Car -What can we do?
I am looking for advice regarding a 2nd hand estate car purchased 4 weeks ago and want to be clear about my position before quoting my 'rights'. We discovered 3 weeks in that it had an oil leak and the brakes were making odd notices, after contacting the garage they agreed to look at it. The garage is about 55 miles away so we took the car and asked for a courtesy car. We have the courtesy car but we had to pay £54 to arrange temporary insurance. We also asked why the back parking sensors didn't work and the rear window didn't open - the garage owners response was - we had test driven the car and had not asked when agreeing the sale, therefore they couldn't do anything about it as it was sold as seen.
I am really angry as whilst I agree I test drove the car I did not reverse park the car and hadn't realised until reading the manual that the rear boot window should open. I have no advert details stating the cars specifications. Please can someone tell me where I stand - can I demand they repair the back parking sensors and window or do I have to just accept they have purposely withheld information? I am already upset that I have had to pay for temporary insurance plus the diesel cost and inconvenience of sorting out the oil leak. Any advice given would be appreciated. Thanks
Welcome to the site Bootlady, firstly, they can't say that you "bought it as seen" as they are not allowed to sell cars that way, unless it's agreed between the dealer and the customer?I can't really understand how you could buy any car without knowing its specification, or without checking all the electrics of it first.If you are not familiar with cars in general, it's always a good idea to take someone with you who does know such things.As part of your buyers rights, a dealer is bound to fix any problems that might stop the vehicle being "unfit for purpose"I hope you get things sorted out, good luck.
My understanding (though I am no lawyer) is that if a fault is one that a buyer could have seen - a dent or scratch for example would clearly qualify here - then the seller is not liable. Things like parking sensors are a bit of a grey area, but if the garage is unwilling to cooperate, and in view of the distance and inconvenience, I would not have thought it worth pursuing.
The garage has to fix the faults you have listed as they were "existing" at the time of the sale. Read up your rights by Googling Sale of Goods Act 1979.
You don't say what car it is but if the rear window does not open and its a Freelander, post again and I'll tell you how to get it working for nothing.
If the dealer will not fix all the faults then contact Trading Standards for the area the dealer lives in, not your area if it is different. You contact them via Citizens Advice Bureau who will record your complaint. You can also claim the insurance cost plus other expenses that are reasonable in the circumstances.
Now another problem!!
Took your advice and when I went to the garage to pick up my car (jaguar estate) I asked about the parking sensors. They claimed they weren't aware they weren't working when they sold the car! they backed down when I said I didn't believe them and they have offered to fix the sensors but I would have to pay for the parts but not the labour and I would need to book the car in again in a weeks time! I didn't agree to this and said I'd take advice on it. 3 miles down the road and the oil light came on! drove back the garage agreed they would look at the oil light and the parking sensors together. Although this time I did get a sorry from the garage owner which I hadn't previously! So still no car after paying £5000 I am driving around in a scruffy car. I have lost any confidence in the car and the garage now - I don't believe I should pay anything towards the parking sensor -if they don't fix them what do I do then?
The advice so far has been great it really is nice to have the ear and support of others using this forum - THANK YOU
Aye! If you don't have any confidence in your car, you lose like nice feeling you get when driving it.I had a car like that years ago, and when I got it back,( after it's 5th time at the garage) I traded it in, and got a totally different car, in a town some 14 miles away, good luck.