Can a car dealer limit its liability?
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Can a car dealer limit its liability?
Looking for a new car to replace current diesel daily, there is a car that I like albeit the garage has it up for £x including a warranty or £x less £500 for no warranty?! What would happen if I bought it at the lower price and then there was a mechanical problem a few months down the line?
TX.
TX.
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It is illegal for any dealer to get you to limit your rights. Under the Sale of Goods Act all products must be working and of saleable quality. Any faults within the first six months are deemed to be there at the time of purchase and you can ask the dealer to fix them or return the car as unsatisfactory.
There is a caveat that wear and tear comes into it and reasonable expectation so if you buy a £500 banger you are less likely to get anywhere than you will with something two years old with FSH but the principle is there.
You can buy a warranty cheaper than £500 anyway from warranty direct etc which is all they'll be selling you anyway. Lots aren't worth the paper they are printed on.
The big issue you would have is that any trader who try to get you to illegally sing your rights away isn't likely to be one that will be interested in fixing a broken motor, warranty or not.
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I'm under the impression that they are still obliged to repair the car. I can't see how a warranty can be worth £500 unless it's a full main dealer or continuning from one.
http://www.adviceguide.org.uk/englan...ed_to_know.htm
Warranties are so hit an miss as they like to use the words "fair wear and tear" to cop out.
http://www.adviceguide.org.uk/englan...ed_to_know.htm
Warranties are so hit an miss as they like to use the words "fair wear and tear" to cop out.
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Regardless of whether the garage offer a warranty, the vehicle must be fit for purpose and last a reasonable amount of time.
Unless they list a specific fault on the sale document then you will have a comeback, even if sold as a trade sale.
Remember you should be reasonable in all this and bear in mind it's a used car so will not be perfect. However unless specified it should be free of any major mechanical faults and remain so for a reasonable time.
Unless they list a specific fault on the sale document then you will have a comeback, even if sold as a trade sale.
Remember you should be reasonable in all this and bear in mind it's a used car so will not be perfect. However unless specified it should be free of any major mechanical faults and remain so for a reasonable time.
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Wouldn't it be a bit of **** take though if you accept the extra £500 discount for giving up your warranty, to then go back 5 months later moaning that the exhaust has fallen off? Effectively, they have already given you the money to fix it!
If you don't like that idea, don't give up the warranty.
If you don't like that idea, don't give up the warranty.
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Thanks for replies.
It's a 2006 car worth about £8k. The warranty offered is an after market one, they did tell me the name albeit I can't remember who they said ...
There are no faults stated on any paperwork and the car is in really good condition.
I have signed a document re the deposit and trade in which does have "sale includes 28 day engine and gearbox breakdown warranty only subject to neglect" stamped on it. As the OP can they really limit their liability like that?
TX.
It's a 2006 car worth about £8k. The warranty offered is an after market one, they did tell me the name albeit I can't remember who they said ...
There are no faults stated on any paperwork and the car is in really good condition.
I have signed a document re the deposit and trade in which does have "sale includes 28 day engine and gearbox breakdown warranty only subject to neglect" stamped on it. As the OP can they really limit their liability like that?
TX.
#11
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All cars now by a new law, cars from garages etc cannot be sold as seen, but only as parts or scrap etc to cover their liability.
If a warranty is on vehicle, then IMO it's not worth the **** it's written on, I never buy a warranty on cars, most of the stuff is not covered anyway and most of the time there's a £500 limit etc so IMO it's not worth it.
Check car thouroughly and buy or don't if it dosent float your boat.
If a warranty is on vehicle, then IMO it's not worth the **** it's written on, I never buy a warranty on cars, most of the stuff is not covered anyway and most of the time there's a £500 limit etc so IMO it's not worth it.
Check car thouroughly and buy or don't if it dosent float your boat.
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As said, they can't do that. By reasonable expectation you'd want to engine to last longer than six months so under SOGA they'd be liable (assuming you haven't drained all the oil out etc).
If they are trying to do that, I'd be concerned about it. they aren't proper operators. Why do they need to try to con you out of your rights?
If the car is cheap, ask yourself why. I'd be tempted to walk away or do some more digging into them.
As said, most warranties they provide are limited to £1000 a claim so wouldn't cover an engine or gearbox and they usually manage to say it has gone because the dippy fish device has failed and that's just wear and tear so we aren't paying.
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Quite a clever sales ploy if you think about it.
They've basically negotiated the deal for you.
Ie, pay the asking price OR if you want a discount, get £500 off BUT you don't get a warranty! Which isn't illegal because the Sales of Goods Act covers you for much the same.
Personally, I'd say you want £500 off AND the warranty!
They've basically negotiated the deal for you.
Ie, pay the asking price OR if you want a discount, get £500 off BUT you don't get a warranty! Which isn't illegal because the Sales of Goods Act covers you for much the same.
Personally, I'd say you want £500 off AND the warranty!
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