Renault traffic - Brought a second hand van from a dealer - Rob1603
Hi, I brought a second hand van 7 weeks ago from a dealer, the engine started knocking very loudly last week so I sent it back to the dealer. When I bought the van it came with a warranty of 3 months or 3000 miles which ever comes first unfortunately I have exceeded the mileage, the dealer has said his hands are tied and he can't repair replace the engine. I paid £10,000 for this vehicle I excpect it to last longer than 7 weeks. I have been in touch with the dealer he said as it was bought on a business to business transaction I don't have any statoury rights. Has anyone else had a similar issue as I may have to take him to court if he doesn't play ball.
Renault traffic - Brought a second hand van from a dealer - FP

"...his hands are tied ...he said as it was bought on a business to business transaction I don't have any statoury rights."

Alarm bells ring at this point. I stand to be corrected, but this sounds complete ballcocks to me.

If I'm right, this guy is ready to worm his way out of his responsibility and needs firm treatment. Initially, a letter demanding the vehicle is repaired as per your rights under the Sale of Goods Act 1979 (it's now too late to reject the vehicle).

If no joy, a letter informing him that you will make a claim via the "small claims court" and then be prepared to go down that route.

Keep all paperwork. Send letters recorded delivery.

Renault traffic - Brought a second hand van from a dealer - Brit_in_Germany

FP, I am afraid you willhave to stand up and be corrected. The dealer clearly is aware of the restrictions the SOGA imposes on B2B transactions (why?) and is hoping to get out of all liability on the basis that the warranty has expired. The question which I would be asking is "is the defect such that he would have been aware of it and concealed to make a sale".

Renault traffic - Brought a second hand van from a dealer - FP

Thank you, B-i-G. I've done some more homework and hold up my hand and admit I was wrong in assuming that B2B sales are covered under SOGA in exactly the same way as sales to "consumers".

However, I understand SOGA still does apply, albeit less favourably; in particular, Terms and Conditions may be applied to B2B transactions that would not be allowed otherwise, so it is up to the OP to check exactly what he signed up to.

It is also my understanding that any such Ts & Cs may be tested in court (no doubt at the risk of incurring considerable legal fees, unless small claims can be involved) on the grounds of unreasonable contract.

It does now look as if the OP will have a much harder job of getting anything out of the dealer.

Renault traffic - Brought a second hand van from a dealer - Rob1603
Thanks for the replies, I have checked the paperwork and I have not waivered any of my statoury rights luckily. I have been In touch with the federation of small businesses they have a legal team that advise on all matters legal, they advised me to give the dealer one opportunity to repair the van if no joy apply for rejection. They did say that even though it is a b2b transaction I do still have rights unless I have waivered them albeit not the same as a consumer. We will wait and see!
Renault traffic - Brought a second hand van from a dealer - skidpan

I have checked the paperwork and I have not waivered any of my statoury rights

Are you 100% certain about this. Sometimes they are hidden in the small print on the back of the order, you know, the stuff none of us ever read.

Renault traffic - Brought a second hand van from a dealer - Rob1603
Hi skid pan yep gone through it cannot see it anywhere so hopefully I have something to fight with. I can't let it lie not only the money to replace the engine but moraly it is wrong. If I have put a k****** in for a customer and the units started de laminating I would replace them immedetley then argue with the supplier after, but the customer satyisfaction is paramount maybe I'm wrong but that is how I work.
Renault traffic - Brought a second hand van from a dealer - FP

Thanks for the updates.

I'm surprised your legal advice has been to attempty to reject the van if the dealer refuses to do the repair. My understanding is that rejection should take place reasonably quickly after a sale, though I believe the time period is not specified. Seven weeks seems a long time. As I understand it, the logic is that the more the vehicle has been used, the less likely it is that the fault was present at the time of sale.

I believe you must stop using the vehicle also.

 

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