aybody in the know on sale of goods act

[gully07]

i brought a second hand car from a garage on the 25th jan 2012 thursday night the cam belt went on it am i within my right to take it back and get them to fix it as i dont know where i stand on this issue cheers guys

 

[Publius Ovidius]

i brought a second hand car from a garage on the 25th jan 2012 thursday night the cam belt went on it am i within my right to take it back and get them to fix it as i dont know where i stand on this issue cheers guys

its normally sold as seen, but if it was a reputable garage, I bet they will do it for you#

 

[gully07]

cheers mate

 

[Ali_rrr]

If it is 'satisfactory quality' or has been advertised properly then they don't have to do anything about it unless it was 'misadvertised' as such.

 

[METALMICKY]

The definition of it 'fixing it' might also be tricky to say the least. Unless you were very lucky the cambelt going whilst the engines running would be new engine time or write off time. I know squat about mechanics but know this from bitter experience.

 

[seagulls4ever]

Second hand goods and your rights | Consumer Information

Also check out the comments section.

 

[The Grockle]

I work in the trade and i'm not convinced you have much chance of getting it replaced under warranty, many garages will contribute towards costs though as a gesture of goodwill.

If it's a Vauxhall, drop me a PM and i'll probably be able to get you a cheap one, if you're lucky they'll fit it for a reduced rate.

 

[The Grockle]

The definition of it 'fixing it' might also be tricky to say the least. Unless you were very lucky the cambelt going whilst the engines running would be new engine time or write off time. I know squat about mechanics but know this from bitter experience.

I think this would only the be the case with 8 valve vehicles?

 

[Aadam]

The definition of it 'fixing it' might also be tricky to say the least. Unless you were very lucky the cambelt going whilst the engines running would be new engine time or write off time. I know squat about mechanics but know this from bitter experience.

Not always the case as it depends on the car. Some can go without interference to the engine.

Anyway, a quick google highlighted the following:

Your rights if you buy second hand cars from a dealer

When you buy a second hand car from a dealer, you have a right, under the Sale of Goods Act 1979, to expect the car to:
be of satisfactory quality (taking into account its age and mileage)
meet any description given to you when you were buying it, and
be fit for the purpose (for example, to get you from A to B safely)

If the second hand car does not meet these requirements you have a right to claim against the dealer for breach of contract.

Your right to reject a second hand car

If there's a problem with a second hand car soon after you’ve bought it, for example, the car develops a problem you wouldn’t expect for the car’s age and mileage, or it turns out to be not what you’d been lead to expect, you may have the right to ‘reject’ the car and get your money back.

However, you have only a ‘reasonable’ time to reject a second hand car. There’s no clear definition of what a reasonable time is – you probably need to do it within three or four weeks of buying it. And if the fault is very obvious you may have less time.

If you reject a second hand car you must stop using it.

Your right to claim for the cost of repairs

If it’s too late to reject the second hand car (or you don’t want to) you can ask the dealer for a repair or replacement. If the dealer refuses, you could:
claim from it the cost of getting the second hand car repaired elsewhere
claim for a reduction in the purchase price, or
return the car and get the money you paid back, less a deduction for the use you’ve had (called ‘recision’)

However, if your claim is worth more than the small claims limit where you live (£5,000 in England and Wales, £3,000 in Scotland or Northern Ireland) you may need to take advice before you act, because you may risk facing time-consuming and expensive court action.

If you get a warranty or guarantee with a second hand car, you may be able to claim on that to get any problems fixed. However, this doesn’t affect your legal rights, and you could still either reject the car, or claim against the dealer.

 

[readingstockport]

its normally sold as seen, but if it was a reputable garage, I bet they will do it for you#

There is no such thing as sold as seen anymore. As others have pointed out the goods must be of merchantable quality and any defect has to have been pointed out before you buy. If it is reasonable to assume that the garage should have known about the cam belt then you have a case under consumer protection law.

 

[fly high]

Would suggest Trading Standards is your first port of call to see where you stand, very helpful. Trading Standards may say if the cam belt was due to be changed garage should have done this before they sold it but could be a very expensive lesson. You should always ask when a cam belt needs changing & if it’s due say you want a new one, if they say it has been changed, what proof do they have it’s been done.
Funnily enough a friend took a car back to dealer today to get the money back, only picked it up on Wednesday, thought it sounded odd (knocking noise) so got usual mechanic to check it out, he found a few things he wasn’t happy with so said should take it back. After lengthy discussions & garage check fair dos they returned every penny except they got a free tank of fuel.
Good luck, hope you get it sorted without having to pay.

 

[gully07]

cheers everyone many thanks