Advice on how to deal with potential dodgy dealer

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Thu 31 Jan 2013 21:00
Advice on how to deal with potential dodgy dealer - Sparkyq

Hi, Looking for some advice on behalf of my sister who has been right royally stung buying a 2nd hand car.

She bought from a dealer who has sold the car as a 'trade sale' for 'spares and repair' according to the receipt which is full of clauses saying the car isnt roadworthy and the buyer agrees to pay for all required repairs etc. None of this was made clear up front and was just written on the invoice which my sister signed without reading (not advisable!).

Anyway couple of days later car had serious faults with driveshaft and clutch needing £100s worth of repairs. My sister scared that she signed something that gets rid of her rights will not approach the dealer to get them to rectify/contribute to the repairs.

Bizarrely despite selling a car that isn't roadworthy if u read the receipt it also came with a 12 month warranty? (no good for the wear and tear faults experienced it seems)

I dont believe it is even legal for a dealer to sell a car to a member of the public as trade sale, sold as seen, spares repair etc. misleadingly or not?? Is that correct?

It doesnt seem right you can sign your statutory rights away like that either, can she still look to claim back via sale of goods act as the car was obviously faulty when purchased

Finally it was bought on a credit card by my father, can she look to invoke section 75 protection if attempts with the dealer fail?

Disappointed such crooks exist out there but I am determined to help her get some comeback on this.. any advice greatly appreciated

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Thu 31 Jan 2013 21:29
Advice on how to deal with potential dodgy dealer - unthrottled

Did it come with a tax disc and MOT? If so, then the vehicle is essentially being sold as 'roadworthy'.

However, a clutch/driveshaft problem does not constitute 'unroadworthy'. To be considered roadworthy, the vehicle must be structurally sound and have functional suspension, steering and brakes. A car can be undriveable due to a mechanical fault (eg the engine won't start), but still considered roadworthy.

Depending on the age/price paid for the car, I don't think you'll get very far.

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Thu 31 Jan 2013 21:38
Advice on how to deal with potential dodgy dealer - Chris M

We haven't got the full facts here, but on the face of it, I'm with the dealer. It sounds like the dealer knew there were faults and sold the car as such ("spares or repair" ). Did she get the car at a bargain price?

Why do people sign things without reading (and understanding) them first?

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Thu 31 Jan 2013 22:22
Advice on how to deal with potential dodgy dealer - tony g
(It doesnt seem right you can sign your statutory rights away like that either, can she still look to claim back via sale of goods act as the car was obviously faulty when purchased )

Hi sparky ,as a car dealer it pains me to say that a car dealer cannot agree with a consumer to sell a car on a sold as seen basis .

The age of the car has no relevance ,a dealer is responsible under the sale of goods act for repairs on cars he sells for up to 6 months .

The law won't allow a dealer to make use of his superior knowledge to encourage a consumer to sign away his rights under SOGA .

The dealer must repair the car or refund your sisters money .If he won't then the small claims court is the most likely way to recover the cost of repairs or a refund .

The thing that irritates me about your post ,is that your sister is an adult ,she signed an invoice to buy a car that the invoice said was not roadworthy .

You now look to a forum like this for advice ,the law will support you against the dealer ,and you could get your credit card company to recover the money from the dealer .But where's your sisters responsibility ? Adults should be liable for thier own actions .
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Thu 31 Jan 2013 22:32
Advice on how to deal with potential dodgy dealer - Sparkyq

I think you misunderstand my post, my sister was deliberately mislead that the car was roadworthy in good condition, the deal was done in good faith, the car came with MOT and was advertised in Autotrader and on the dealers site as as a retail vehicle with warranty.

Only the invoice which admittedly she should have read in more detail, specified anything about sold as seen etc. a bit of a sly use of 'small print'

Also any dealer intending to trade legitimately would be aware of the rules and not deliberately try to mislead and flout them as in this case by trying to sell sold as seen etc,

Adults shuld be liable for their own actions I agree to a certain extent.. also dealers deliberately trying to circumvent the law should be liable for that too!!


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Thu 31 Jan 2013 23:30
Advice on how to deal with potential dodgy dealer - tony g
(Only the invoice which admittedly she should have read in more detail, specified anything about sold as seen etc. a bit of a sly use of 'small print')

Nothing sly about it , you found the small ! print quickly enough when you had a problem . adults should be responsible for thier actions ,both your sister and the dealer .

Your sisters fortunate that soga is biased against dealers ,put simply she signed to buy a car sold as seen ,the law will protect her against her own negligence ,I'm not sure it should .But that's the law and she is entitled to have the car repaired or a refund .
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Fri 1 Feb 2013 08:39
Advice on how to deal with potential dodgy dealer - madf

Car Mechanics had an article on this.

SOGAT still applies. The dealer cannot sell to a coinsumer and evafe SOGAT - for ANY reason.

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Fri 1 Feb 2013 09:21
Advice on how to deal with potential dodgy dealer - pd

A dealer can sell a car as spare or repair but it has to be advertised and presented as such - not sold normally and then just written on the invoice at the last minute.

The buyer in this case certainly has rights regardless of the invoice - to what extent they (the dealer) are liable really depends on the car in question and whether it is a £800 banger or £7500 3 year old one.

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