Explaination of the sale of goods act 1979..
"The onus is normally on you rather than the trader to prove a claim (that is, to prove that the vehicle is faulty in some way). However, the law states that if you are claiming repair, replacement, full or partial refund within the first six months of ownership, the onus is on the trader to prove that the vehicle was sold without faults when you bought it. This is called the 'reversed burden of proof'. After six months, the burden of proof reverts back to you to provide evidence to support your claim that the vehicle was faulty when it was sold."
Yes, that is exactly what I said above. So, if you buy a car and when you get it home all the water and oil has mixed together it is very difficult for the dealer to prove the headgasket hadn't gone when you'd bought it. If, however, the alternator packs up after 4 months use it is self evident it must have been working at the point of sale.
In the case of the alternator there is another test. Is it "reasonable" that on the age, mileage and price of the car a reasonable person might need to replace such an item as it has worn out? If the car is 2 years old and done 20k miles then it probably isn't and the buyer could probably claim off the seller. If the car is 10 years old and done 100k then that is pretty typical for an alternator to go and the buyer has no claim.
Basically, when you are claiming for a failure which wasn't there at point of sale there is a huge gap depending on the actual car. Once a car gets to 100k miles and 10 years old virtually anything can be considered wear and tear but on a lower mileage, newer car you have a lot more comeback.
The truth is that the SoGA doesn't remove the old adage you get what you pay for. The more you pay, the newer and lower mileage the car, the more protection you get.
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