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My rights against 2nd hand car dealer
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John C
 


Member Since: 28 Aug 2007
Location: East Yorkshire
Posts: 3292

United Kingdom 2006 Discovery 3 TDV6 SE Auto Cairns BlueDiscovery 3

You have stacks of rights - way more than you think. CAB will be able to tell you, but I think faults appearing within 6 months are assumed to have been present at the time of purchase. I went through all the legal stuff a few years ago when trying to reject a car - it made me think that consumer rights are so good that dealership warranties on used cars are pointless for the first year - they just determine how much of an argument you'll have when things go wrong.

In any event, you need to give the original dealer the opportunity to fix and sort it out Thumbs Up
 2020 SDV6 D5 HSE, Carpathian Grey +
2022 Tesla Model Y LR... almost Carpathian Grey
Previously : 2005 TDV6 SE Auto, Cairns Blue (288K) - ours for 16 years 
 
Post #104059123rd Jan 2013 9:19 am
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Paddi
 


Member Since: 21 Aug 2012
Location: United Kingdom
Posts: 21

United Kingdom 

John C wrote:
You have stacks of rights - way more than you think. CAB will be able to tell you, but I think faults appearing within 6 months are assumed to have been present at the time of purchase. I went through all the legal stuff a few years ago when trying to reject a car - it made me think that consumer rights are so good that dealership warranties on used cars are pointless for the first year - they just determine how much of an argument you'll have when things go wrong.

In any event, you need to give the original dealer the opportunity to fix and sort it out Thumbs Up


Absolutely right. The dealer cannot sell you a car 'as seen' has no meaning unless you are a trader. If the car has undisclosed faults the seller must either rectify them or pay for the repairs to be done. This is under Sale of Goods Act. You should inform the dealer that you want the faults fixed at his expense or you will take him to court (small claims court is very cheap for you). Recommended course of action is to write a letter to dealer informing him that you wish to settle amicably and if this cannot be agreed you want to use an arbitration service and if still no agreement you will take to court. Conduct everything in writing. Dealer knows he will lose so will settle out of court. How do I know this? I just did exactly this and eventually dealer agreed to pay for £2,000 for repairs.
  
Post #104085923rd Jan 2013 3:38 pm
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taffjk
 


Member Since: 11 Dec 2012
Location: The Middle!
Posts: 122

Wales 2005 Discovery 3 TDV6 S Auto Barolo BlackDiscovery 3

I'm reading this with hope as mine is going in on friday after about a month of ownership to have the bearings done, along with some other niggles!
  
Post #104106823rd Jan 2013 8:19 pm
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BrickTop
 


Member Since: 20 Dec 2012
Location: UK
Posts: 103


If the dealer had them listed as amber that would suggest to me that they are a recommendation and do not necessarily need replacing. The Health check is done on traffic lights system so you've got to say that they are simply covering their backside. As discomikey suggested the mot is a matter of opinion with many grey areas.

One question, was the mot done at a different place to where you purchased the car.... It may be a simple case of the selling dealer sold the car in good faith and was blissfully unaware of the brake pipes?
  
Post #104108523rd Jan 2013 8:35 pm
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