BMW 3 Series E46 - trade in car requires repair, who is liable to pay

Honest John Back Room » Legal matters
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Tue 16 Nov 2010 22:26
BMW 3 Series E46 - trade in car requires repair, who is liable to pay - nobby62

Have traded in my old car for a newer model. the old car developed a problem with the engine before i left the dealers (while they were driving it to storage) but after they had signed the V5 as the new owners and after i had paid the balance on the new car. Who is liable to foot the bill for the repairs to the old car

Thanks

Nobby62

Edited by nobby62 on 16/11/2010 at 22:26

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Tue 16 Nov 2010 23:37
BMW 3 Series E46 - trade in car requires repair, who is liable to pay - bathtub tom

If the car you bought had developed a similar problem in a similar time, who would you hold responsible?

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Wed 17 Nov 2010 07:20
BMW 3 Series E46 - trade in car requires repair, who is liable to pay - LucyBC
Good point but it's a private seller trading to a dealer so contractually the deal had been done unless there was a claw back condition.
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Wed 17 Nov 2010 07:37
BMW 3 Series E46 - trade in car requires repair, who is liable to pay - nobby62

I think you've probably missed the point.....its not a case of who i would hold responsible if the situation was reversed. I am a private seller / buyer whereas the dealer is in the trade....I need to know who is legally liable for the bill as it could easily run into thousands of pounds.

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Wed 17 Nov 2010 08:53
BMW 3 Series E46 - trade in car requires repair, who is liable to pay - LucyBC
That's what I said. Sale of Goods Act does not apply in these circumstances.

Unless there is a clawback clause in the purchase contract the deal had been completed and it is the dealer's car.

"Buyer Beware" applies and they are responsible for the repair.
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Wed 17 Nov 2010 11:26
BMW 3 Series E46 - trade in car requires repair, who is liable to pay - Vitesse6

Were you aware of the problem before you did the deal or was it a new problem which happened after you had handed the vehicle over to the dealer?

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Wed 17 Nov 2010 16:12
BMW 3 Series E46 - trade in car requires repair, who is liable to pay - dave88

This BMW rocks!!! have you got any problem with it?

dave,

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Sun 27 Feb 2011 12:41
BMW 3 Series E46 - trade in car requires repair, who is liable to pay - nobby62

An update to this situation..... Just after Christmas the dealer eventually issued the warranty for the new vehicle and I have also now received the V5 which the dealer originally withheld from the DVLA. Additionally the dealer has never followed up their initial claim for an additional £1000 payment from me for the repair to my trade-in. So a satisfactory conclusion to the situation but not without some aggrovation having to make repeated calls and involving the trading standards authority and consumer advise service and threatening them with legal action.

Dave88, yes the BMW's do rock, my 330CD sport auto rocks...unfortunately though, they also breakdown too often for such an expensive car.... dissapointing reliability.

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