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Can a car dealer limit its liability?

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Old 21 December 2012, 09:39 AM
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Terminator X
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Default 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.
Old 21 December 2012, 09:41 AM
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Tidgy
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your stuffed then.

trade sales don't even have the 30 day warrenty on them.
Old 21 December 2012, 10:01 AM
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Originally Posted by Tidgy
your stuffed then.

trade sales don't even have the 30 day warrenty on them.
Wrong I'm afraid.

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.
Old 21 December 2012, 10:04 AM
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47 NAT
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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.
Old 21 December 2012, 10:06 AM
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pflowers
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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.
Old 21 December 2012, 10:54 AM
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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.
Old 21 December 2012, 11:04 AM
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I doubt any warranty from a trader would cover the exhaust. It'll be wear and tear (as will everything else when there is a fault)
Old 21 December 2012, 11:32 AM
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All depends value of car £2000 don't bother £15000 yes
Old 21 December 2012, 11:58 AM
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Is it an extended OEM warrenty that they are on about.......as above they cannot limit their own legal obligations.

Shaun
Old 21 December 2012, 01:35 PM
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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.
Old 21 December 2012, 01:49 PM
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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.
Old 21 December 2012, 02:02 PM
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Originally Posted by Terminator X
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.

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.
Old 21 December 2012, 03:16 PM
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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!
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