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Buying
as a private sale
As long as the car has been described accurately by the
seller in their advert and in any comments or assurances made
to the buyer, then you have far less legal comeback when buying
a car privately than from a trader. So a vehicle data check
to make sure the car is not stolen and a thorough inspection
of the car are essential before you buy a car. The sad reality
is that if the seller is not truthful or is economical with
the truth, getting compensation from them can be difficult,
can take a great deal of time and is usually costly with no
certainty of success. |
Buying
from a dealer or trader
If you buy a car from a dealer or trader, the transaction will
be covered by the Sale of Goods Act 1979 and the goods must
be:
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As
described in the trader's adverts, in any correspondence
and in any comments or assurances made by the dealer to
the buyer. |
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Of
satisfactory quality taking account of the the age
of the car, what you paid for it and how it was described
to you. It should be free of serious defects other than
those you were made aware of. |
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Fit
for any reasonable purpose that the buyer could reasonably
expect of the car, including any particular features the
buyer states he wants in the car. |
You
should always get a statement from the trader of the condition
of the car, particularly where the trader has mentioned key
features of the car to make a sale - "recently rebuilt
gearbox" or "comes with our full service and a new
MOT" or "it has had a recent full bodywork refurbishment
and respray". If, for example, serious rust damage and
patched sills are revealed later, or the car develops faults
which a full service should have picked up, then there is a
question over whether the quality and features were really "as
described".
If
you find subsequently the car is faulty, you have six months
from the date of purchase in which you can reject it. You can
demand repair or a replacement, unless it would cause 'disproportionate'
or 'significant inconvenience' to the trader. The trader then
has to prove the car was of a satisfactory quality when sold.
Do note that if you decide to have the car inspected by an independent
inspector before you buy a car, then the trader is not responsible
for any faults that the independent inspection should have found.
It is best to deal only with traders with an acknowledged reputation
and integrity because getting a satisfactory remedy or compensation
from a difficult trader can be a be difficult, take a great
deal of time and is usually costly with no certainty of success. |
Buying
at auction
You have limited rights when buying at auction. Many auction
houses impose conditions on the extent of any comeback rights.
What rights you do have under the Sale of Goods Act 1979 are
against the seller, not the auction house. Make sure you inspect
the car parked up at the auction house before the bidding starts.
More |
Buying
through an online auction site like eBay
Online auction sites like eBay have their own rules, but for
a buyer it is still very much a case of "buyer beware".
More
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