PD - do you have any further information as to *why* the dealer won that case? As Collos says the Sale of Goods Act should have weighted things in favour of the buyer, particularly as the fault was clearly there when he bought the car, and it doesn't sound like something he could have found out by inspection.
No, I don't. I think it rested on the buyer having to prove the car was faulty at the actual point of sale - the fact that it went wrong 2 hours later meant the case was dismissed.
Obviously I can't name the dealer concerned but they are a fair size outfit and have been prosecuted by Trading Standards for other matters in the past. They're not short of money and can afford good lawyers and defend every case.
Most cases seem to either get settled out of court or the dealer never bothers to enter a defence but this lot stand their ground.
If you have expensive enough lawyers representing you versus a layman doing it themselves I guess it makes a difference.
Legals costs insurance for dealers to cover claims from customers has become big business in the last couple of years and an increasing amount of dealers have it so maybe more and more cases will be defended in the future.
As I have written here before most dealers who act considerately with customers do so because of their reputation and being basically honest not because of the SoGA.
I should add the dealer above deals mainly with high mileage £2k-£8k sort of stuff if that makes any difference.
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