Looking through some adverts in the local rag, I see a 2nd hand car advertised by a dealer with the phrase *superb*, does this mean faultless? Does the advert form part of the purchase contract ie, should the car do what the advert says it should do?
Can a dealer sell a vehicle to the public on a *sold as seen* basis with no comebacks whatsoever?
What is the current position with mileage disclaimers?
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IMHO the more reputable the dealer, the more comeback you have, but the more money (premium) you will pay.
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*Superb* is a subjective word, especially on older cars. I might think its superb you might not. If the dealer had put 'faultless' then there is no question about what this means. Hence no dealer would put faultless in a advert.
I like the private ads where people advertise MGB's and such like as having *NO RUST*. They were rusting before the even left the factory :-)
Take advert descriptions and dealer patter with a pinch of salt. Use your eyes and decide for yourself whether the car is 'superb'.
Steve
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The phrase 'as seen' was central to Cavendish-Woodhouse v Manley (1984) the judge held that the phrase, which had been written on the invoice, merely confirmed that the buyer had seen the car. He said 'it does not exclude any implied term or warrenty as to quality or fitness'.
Certainly to say the car is 'superb' is an implied condition as to fitness. Once said the dealer can't suddenly retract it. A dealer should know his business and is, in effect, an expert. The public are entitled to rely on what the dealer says.
I do agree though that the quality and status of the dealer is important.
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No a dealer cannot sell any vehicle with no comebacks whatsoever. He can only sell a vehicle as sold as seen if it is under £500 (I think) but even then, he couldn't say it was 'a good runner' if it didn't run well!
Basically, anything for sale, including cars, must be fit for the purpose. That means you must be able to drive it and it must be roadworthy. If it wasn't Trading Standards would be on the case very quickly.
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Used car dealers, they crack me up.
Over the last few days I've just been helping a customer find a clean £4K TD Estate. Things came to a head as I viewed/phoned after the short list today.
One owner from new - Yes and what about the second one in the V5 after it was three years old?
Full dealer service history - No service book just four blurred photocopies of work at a main dealer for a different make of car covering a fraction of the recorded mileage.
We've just put a full ticket on it, our MOT man makes us get it 100% for a pass - OK so that would be why it still has discs 75% coated in thick rust and grinds to a halt from 50mph.
This car has just been fully serviced, we go right through them - So why would the oil filter have rust on it, the oil be like treacle and the air filter screws show no sign of disturbance in years?
These XXXXXs are so popular, I can sell all I can find..there can't be a lot of discount on this one - Turns out he's been punting this particular car for months without a sniff of interest.
David W
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Let's not be naive. Used car salesmen evolved from horse-traders and the strain has been around since the dawn of recorded time. Off-shoots include real estate salespeople, TV shopping channels and evangelists.
Not to mention politicians. You can polish up the delivery but that doesn't change the shoddy goods.
A word which seems unfortunately to have lost currency these days at one time described 'em all perfectly: "spivs" :-)
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The phrase most commonly used where I live is the vehicle is for sale "as is, where is".
What about that?
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Much depends on the circumstances. Consider a model, getting on a little, of which not to many were turned out.
To hopeful seller- "Bit of a failure, that was, not many sold, can't offer much on it."
To prospective buyer- "This is a rare and much sought after model, hence the higher price, at which it is still a unique opportunity."
Tomo
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What are they going to be saying in 6 months time...
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"What are they going to be saying in 6 months time?"
Any change Sir?
Edited by v8man on 30/12/2008 at 10:01
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This is a spoof I made up for another website and if all dealers were honest all adverts would read like this I wanted to post this on here yesterday but didn't want to make a thread for it as its a bit 'silly'.
Rover 25 114, FSH, 170,000 miles, 2001 reg, just had its anual head gasket change. Only overheats in traffic and otherwise perfect, 12 months MOT for piece of mind, £1750 no offers.
Audi A4 2.0 1994 , 300,000 miles, some history, looks new, has strange fault where the car keeps driving to close to the car in front, hence £500.
Ford Ka 1997 1.3, new plate fitted on floor so will last for ever, only burns 1 litre of oil every 100 miles, tappets very tight so no noise from engine, always passed the MOT with STP stop smoke, four new Kwikfit value tyres (fitted in 2005), 2 months MOT, only 95k, oil changed recently at 70k. £900 no offers.
Renault Clio 1.2 Dyanmaique 2004, lovely car everything works apart from the electric windows, central locking, automatic wipers, automatic headlights, reverse gear and the radio. Perfect first car, engine knocks since cambelt snapped hence £1500.
Lada Riva 1500SLX 1987 - Very very rare, top of the range, has headlamp wipers, 5 speed heater and head rests. Very very rare, no MOT, not been driven since 1995 bargain at £3995 only 14,000 miles so just like new including the authentic wing rust which finishes of that showroom condition.
Nissan Almera 1.4 1998, in stunning white and spots of orange, one owner from new but log book shows 10 this is just a clerical error, only 130,000 miles pensioner owned so used daily to go to the local health clinic 600 yards away. Not MOT but its japeneese will pass no problem. Lovely smart reliable car. Only £600 or £2000 with fresh MOT.
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