"Sold As Seen" problem with dealer

[eggy12]

hi all

 

Posting on behalf of my son.

 

He brought a car from a dealer(not local with no warranty) £850 Peugeot 206 2000 plate.

 

Within 2 weeks he noticed the coolant level was low, well missing in fact and needed a good kettle full to top it up.

 

Same happened week after and now we have found the head gaskit is blown, so he rang the dealer whom replied "It was Sold As Seen" and was on the paper work !

 

Rang him again mentioning sale of goods act but he wont budge.

 

One would have thought that this was sold not being road worthy..

 

 

it now over heats within a day or two after using all the coolant, this can be fixed I suppose but if we do fix it will that be a bad move

if we are trying to get the dealer to pay for the repairs.

 

Where would you suggest we go from here ?

 

Regards

 

Eggy12

Edited April 5, 2013 by eggy12
got reg year wrong

[Bazooka Boo]

I fear it is going to be 'buyer beware', not what you want to hear, unless anyone else has any ideas?

[ericsbrother]

How long ago did he buy it? The SoGA give you time to "accept" the goods, ie find out if it has anyy faults and is fit for purpose and of merchantable quality. Now, your problem is proving that all this happend in a timescale that would allow you to return the car. The dealer is talking b****cks when claiming sold as seen as your son is a retail customer so you need to get something in writing pretty quickly and give the dealer a time limit faor putting things right by either a repair or refund..

[eggy12]

Hi thanks for the replys

 

He brought it 32 days ago

 

Trouble is its got to be fixed right away and he needs it for his job

[Crazy Diamond]

Well, it's illegal for a trader to sell goods "sold as seen".

 

You don't have much recourse left, it's a 13 years old car, things can go wrong at any time, unfortunately.

 

My (tentative) advice would be to approach the dealer telling him that you know that "sold as seen" is illegal and that you will report him to TS for doing this, see if that softens him up a bit , suggest he pays back an amount, say equivalent to the cost of the repairs? But in all honesty, it would be a bluff, if he says no, then I'm afraid that's pretty much it.

[postggj]

Sold as seen is a misnomer, it has no legal status under the law, except private sale or any faults were notified to you at point of sale

 

When you purchase goods from a retailer, those goods need to be of reasonable quality and roadworthy. If a fault develops within the first six months of purchase, it will be deemed as their at point of sale

 

the vehicle must be fit for purpose and as described (road worthy)

 

you need to put your complaint in writing and give the dealer an opportunity to resolve the problem, if he does not then you reject the vehicle under the Sale of Goods Act and commence civil action through the civil courts.

 

You will need to get an independent vehicle report, main dealer is preferred. You claim this back with the cost of the vehicle in your claim but you will have to pay to begin with

Edited April 5, 2013 by squaddie

[Conniff]

The term is 'Satisfactory Quality' squaddie.

 

Stop using the car, you are risking wrecking the engine completely and won't be able to blame that on the seller.

 

My two penneth. Write recorded to the seller and mention that a car cannot be sold to a consumer as 'sold as seen' under the Sale of Goods Act 1979 (as amended). Say what is wrong with the car and ask what he is prepared to do to rectify the problem. His response will dictate how you move forward, but don't use the phone unless you can record the call. You don't have to say you are recording.

[Crazy Diamond]

Sold as seen is a misnomer, it has no legal status under the law, except private sale or any faults were notified to you at point of sale

 

 

It's more than just a misnomer, it's actually illegal for a business to state this.

[postggj]

Not illegal, its unlawful

 

Caveat Emptor would only apply if the vehicle was sold or advertised as spares or repair

[Conniff]

Lets keep to the subject pse guys.

[Surfer01]

Car has been repaired at another garage so chances of obtaining any money from dealer are now zero as car should have been taken back to dealer for repairs.