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 used cars in the same way as to other goods. When you buy from a trader, you have the right to expect the car to be:
- of satisfactory quality;
- fit for its purpose, including any particular purpose made known, and
- as described.
The law defines goods as being of ‘satisfactory quality’ if they meet the standard that a reasonable person would regard as satisfactory – taking the description of the goods into account, the price (if relevant) and all other relevant circumstances. So, when you have bought a used car, you must consider its age, the price you paid, the description which was applied to it and anything else which is relevant when deciding whether it is of satisfactory quality. Your expectations should be different when you are buying a low mileage, two-year-old car than when you are buying a high mileage, ten-year-old one, for example. However, it must still be:
- fit to be used on the road;
- in a condition which reflects its age and price, and
- reasonably reliable.
Was the second car bought on finance? If so, you would have a claim with the finance company too - even if the finance has been paid off.
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