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I wondered if anyone could help me. My friend bought a used car yesterday from a dealer, although the car itself apparently wasn't one of theirs, it was a friend's and they were just showing it on their forecourt as a favour to him. Having said this, the invoice was made out from the dealer, and the payment was made to the dealer. On his way home, the clutch went so he drove it straight to a garage who have quoted him £500 for a new one. The dealer he bought it from are saying that it is not their responsibility.
I wondered if anyone could help me. My friend bought a used car yesterday from a dealer, although the car itself apparently wasn't one of theirs, it was a friend's and they were just showing it on their forecourt as a favour to him. Having said this, the invoice was made out from the dealer, and the payment was made to the dealer. On his way home, the clutch went so he drove it straight to a garage who have quoted him £500 for a new one. The dealer he bought it from are saying that it is not their responsibility.
Can anyone please advise how he stands on this?
Thank you in advance for your assistance.
It doesn't matter whose car it was - the vehicle was sold to you by the car dealer and the contract is with them - the Sale of Goods Act applies and your friend is entitled to reject the car as being unfit for purpose (unless of course the faulty clutch was mentioned by the seller during the sale, which I doubt!) and obtain a refund. It is highly likely that the car dealer is using the 'I am selling it for a friend' pitch to avoid the different conditions in law which apply to dealers over private sellers, ie that as a dealer he is responsible for unseen faults, whereas a private seller is not. Your friend was offered the car by the dealer, agreed a price with the dealer and has been given a bill of sale by the dealer. The dealer cannot now pretend to be acting in the capacity of a private vendor as he would be committing an offence to do so.
Your friend should demand a refund, quoting SOGA and back this up with statement in writing that they wish to reject the vehicle and expect to have the full purchase price refunded (unless of course your friend is desperate to have this particular car and the dealer agrees to have any neccessary repair work done at their cost).
If that fails, then consult Trading Standards - the dealer cannot make their position stand up - they are either a business, and must act in accordance with the law, or they are a private seller. They cannot be both!
Thank you for your advice. I have spoken to my friend, and apparently they have now agreed to go halves with him for the repairs, which he isnt entirely happy with, considering it happened literally on the way home, but he has accepted it as he thinks it is easier than all the hassle that will come with fighting them!! I suppose that is the way a lot of people think, and what many big companies probably rely upon!!
You are probably right.....Although I would probably be tempted to push harder and further knowing that ultimately I would either be able to get the vehicle refunded or repaired at no further expense, I can appreciate that some people will settle for less and not want to cause a fuss. Hopefully at the end of the day your friend will have a good reliable car, and enjoy trouble free motoring.
Clutch gone on car after leaving the garage
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Originally Posted by Loulie
