Buying From A Dealer
Author: Adeel
Whenever you buy a vehicle from a dealer, you enter into a valid contract and so you enjoy certain rights as conferred by Sale of Goods Act 1979 which was amended by the Sale & Supply of Goods Act 1994 and Sale and Supply of Goods to Consumers Regulations.
Now Act says that a car:
1- Should be as good as any reasonable person would expect taking into account what you paid and how it was described. Satisfactory means appearance, safety and durability. For satisfactory condition of new car means “free from any minor defects”. For a second hand car satisfactory condition means it is of condition which should be acceptable of his age.
Fit for purpose.
2- It should do whatever seller guarantees and which you reasonably expect of a car of its size, price and type.
As described.
3- Car should correspond in every detail with any ad or whatever salesman told you. In case it is different, you can make a complaint and expect compensation/refund.
You are NOT entitled to anything if,
(a) You have been notified of any fault.
(b) Fault was so obvious that you really should have noticed.
(c) Car got damaged by your self.
(d) It was your mistake, buying a too big size car which doesn’t fit into your garage or your girlfriend don’t like colour.
(e) You change your mind may be because you have seen car cheaper.
You can enjoy some additional rights if when,
(a) When you buy over net or without ever visiting dealer’s showroom. In this case you are covered by seven days peace of mind guarantee and you can return your car for any reason though you have to pay for return costs.
b) If your lender is responsible for getting seller put things right. Then you enjoy additional rights. Only exception is when you were notified of defect and price was lowered to adjust for that problem. Now if the car turns up faulty then you can request one of the following:-
1- A full refund.
This is possible when you have not accepted car. Legally acceptance is indicate by any of followings;-
(a) You don’t tell dealer that you have not accepted car.
(b) You have altered car spec’s e.g. adding a spoiler or stereo.
c) You keep the car for longer than standard limit of “reasonable” time though no limit set but it is usually up to 3 weeks. As a standard notify seller as soon as you find any defect.
In case you find defect after accepting then you can ask for following;-
1-Compensation
This should cover for repairs or may be based on price paid for car minus an allowance for time owned/mileages covered. Sometime age of car, extent of repair and preferred outcome for both parties if the case went to court.
2-Repair/ Replacement
Dealer can refuse replacement if a repair is a more sensible solution. Any of these repairs must be carried out by the dealer within a reasonable time and without causing significant inconvenience. If same issue recurs after few weeks then you can ask for compensation or refund. Dealer may not keep repairing same fault again and again unless it is “reasonable” though law doesn’t explain what exactly “reasonable” means.
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