Fit for purpose?
22 March 2012, 04:07 PM
#1
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Fit for purpose?
Would a second hand car purchased from a dealer that has only covered 3000 miles while in my possesion before doing a headgasket be classed as fit for purpose under the sale of goods act?
Where can i find any additional information on this? i presuming claiming for such would be a small claims court process?
Many Thanks for any help
Paul
Where can i find any additional information on this? i presuming claiming for such would be a small claims court process?
Many Thanks for any help
Paul
22 March 2012, 04:48 PM
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Good condition, FSDSH, 2 prev owners... No faults implied...
Looking further into things, the OFT guidelines state they cant refuse to repair the vehicle just because it is out of it's warranty period, the car is under a finance agreement so i guess i'll be getting onto them next to see if they can kick the dealer up the bum, i'm pretty sure a car that has gone wrong after only 3000 miles and less than 6 months isn't really fit for the purpose it was sold for, just need to find out more about the legal aspects and procedures involved.
Looking further into things, the OFT guidelines state they cant refuse to repair the vehicle just because it is out of it's warranty period, the car is under a finance agreement so i guess i'll be getting onto them next to see if they can kick the dealer up the bum, i'm pretty sure a car that has gone wrong after only 3000 miles and less than 6 months isn't really fit for the purpose it was sold for, just need to find out more about the legal aspects and procedures involved.
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22 March 2012, 05:27 PM
#9
What's the actual mileage on the car?
They may be foirced to fix it but I can't see why they would potentially have to pay. Who knows what you have done to the car in the previous 6 months, I am not implying you have ragged it but they will wriggle and squirm.
They may be foirced to fix it but I can't see why they would potentially have to pay. Who knows what you have done to the car in the previous 6 months, I am not implying you have ragged it but they will wriggle and squirm.
22 March 2012, 05:59 PM
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It was fit for purpose while the warranty was still valid, even in court there will be no argument, the seller has done nothing wrong and does not have any obligation to fix any vehicle for whatever reason whilst it is out of warranty, harsh but true, mileage is not relevant due to the warranty expiring, in all fairness to the seller it's not like it was sold with the fault, you can't really foresee these things, headgasket failure symptoms occur obviously but it's either failed or it hasn't basically, they wouldn't of known 6 months ago that it was going to fail.
22 March 2012, 07:28 PM
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i think its worth a try !
remember only 3000mls regardless of time still 3000mls ,
have you asked trading standards ? they helped me , when engine blew ,and mine was an old classic ! with im sure more miles on than yours
chris.
remember only 3000mls regardless of time still 3000mls ,
have you asked trading standards ? they helped me , when engine blew ,and mine was an old classic ! with im sure more miles on than yours
chris.
22 March 2012, 07:44 PM
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If the vehicle has been in your possession for less than 6 months in most cases the sale of goods act puts the onus on the dealer to prove the fault WAS NOT there at the time of sale, i think this can only be helped by the low mileage the car has covered in my posession.
Digging through all the old reciepts that came with the car (i'd not actually read through all these before) a headgasket change was advised in the latter part of 2009, there are no further invoices to prove that this work had in fact been carried out, the dealer had this information in their hands at the time of the vehicle sale... I will be seeking legal advise.
Digging through all the old reciepts that came with the car (i'd not actually read through all these before) a headgasket change was advised in the latter part of 2009, there are no further invoices to prove that this work had in fact been carried out, the dealer had this information in their hands at the time of the vehicle sale... I will be seeking legal advise.
22 March 2012, 08:14 PM
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I did, however i didn't sell the car with that information in my possession which is where the difference lies i think...
22 March 2012, 08:36 PM
#23
^^^^ but you had 6 months to bring it up , and didnt . Im sure theres lots of things that could be changed on a car before its sold , but you cant wait till it goes faulty and then start asking questions . Surely its just a matter of opinion that it was due to be replaced anyway ? You say 3k , he maybe thought 5k . Im just seeing it from his side of it , i recon youll have a tough job getting anything out of them after so long.
22 March 2012, 08:51 PM
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I can honestly see it from both sides, if i had sold the car my first thought would have been telling me where to go as well...
However from what i can see the law looks on it differently and it is apparantly the sellers responsibilty, well on paper anyway, to know the condition of a vehicle they are selling. They have sold the vehicle to me as in good condition with no faults, however it would appear that their was an advised fault back in 2009, if the dealer has evidence that they carried out tests to confirm the gaskets were fine prior to sale then they have no liability on that part, prior to 6 months it is the sellers responsibility to prove that the part in question was indeed ok at the time of sale... note the word 'prove'... that from what i can see and have read is the offical Sale of Goods Act stand point with regards to dealer sold second hand cars.
Why would i check through old reciepts looking for faults/problems? i took the dealer on their word that there wern't any (More fool me maybe) and even though the HG issue may not have been there 6 months ago, how can i discount the fact that it was there 2.5 years ago and there is nothing to sayit has been repaired?
I've already gone through the shock of having to take it on the chin if it comes to it, the car will just sit untill i have the money to sort it...
However from what i can see the law looks on it differently and it is apparantly the sellers responsibilty, well on paper anyway, to know the condition of a vehicle they are selling. They have sold the vehicle to me as in good condition with no faults, however it would appear that their was an advised fault back in 2009, if the dealer has evidence that they carried out tests to confirm the gaskets were fine prior to sale then they have no liability on that part, prior to 6 months it is the sellers responsibility to prove that the part in question was indeed ok at the time of sale... note the word 'prove'... that from what i can see and have read is the offical Sale of Goods Act stand point with regards to dealer sold second hand cars.
Why would i check through old reciepts looking for faults/problems? i took the dealer on their word that there wern't any (More fool me maybe) and even though the HG issue may not have been there 6 months ago, how can i discount the fact that it was there 2.5 years ago and there is nothing to sayit has been repaired?
I've already gone through the shock of having to take it on the chin if it comes to it, the car will just sit untill i have the money to sort it...
22 March 2012, 09:05 PM
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I hope I am not digging myself a hole here as I have been working as a mechanic for 12 years now and never heard of anything that can tell me specifically how long a head gasket is going to last, also to advise a headgasket change is in my opinion a bit stupid, it's either failed in one way or another or it hasn't so either they were touting for work or the car has been driven since then with a failed head gasket? There are plenty of ways to diagnose a failed head gasket but I'm keen to learn of a device that lets me know how long it will last, I could use it on my Impreza and start collecting all the parts I need in good time 
, I know it sucks but that's life, fact of the matter is it was ok when purchased and all through the warranty period, good luck persuing this though 
, I know it sucks but that's life, fact of the matter is it was ok when purchased and all through the warranty period, good luck persuing this though
22 March 2012, 09:12 PM
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I agree about the 'advising', a very silly thing to do, and by a Subaru dealer no less! but it's something that has been done and also in writing...
Again i also agree with not being able to tell how long a head gasket is going to last, or indeed how long it has been going for untill it fails completely, there is a possibility that the gasket was not ok at the time of sale or all the way back to 2009 and that it has taken the last 3000 miles for it to manifest itself in a total failure.
Truth be told, some kind of recognition that they may have not inspected it properly and failed to see the paperwork or disclose the fault and supply of the repairing parts would see me more than happy and then i'll go on my way and spend the summer saving up for a forged bottom end and the rebuild to ensure it has no future problems.
Again i also agree with not being able to tell how long a head gasket is going to last, or indeed how long it has been going for untill it fails completely, there is a possibility that the gasket was not ok at the time of sale or all the way back to 2009 and that it has taken the last 3000 miles for it to manifest itself in a total failure.
Truth be told, some kind of recognition that they may have not inspected it properly and failed to see the paperwork or disclose the fault and supply of the repairing parts would see me more than happy and then i'll go on my way and spend the summer saving up for a forged bottom end and the rebuild to ensure it has no future problems.
22 March 2012, 09:16 PM
#27
The garage will suggest that as the vehicle displayed no faults for 6 months (twice the warranty period) then it would be free from significant defect at sale.........res ipsa loquitor as their lawyers would say.
How old is the car ?
Shaun
How old is the car ?
Shaun
22 March 2012, 09:37 PM
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2007
I'm also very much playing devils advocate with myself here, generally this isn't something i'd normally consider, i'd already mentally taken the financial hit and planned to get a bottom end with forged pistons, have my heads skimmed and stud them together for a future proof setup, but others have sewn the seed that 3000 miles used from something i have paid £11k for is not really cricket so i'm looking into it further...