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FIAT Doblo - Sale of Goods Act - RGE

A friend has bought a vehicle for less than £1,000, "Sold as Seen" 10 years old but less than 50,000 miles. She has only owned the vehicle for approximately 10 days and the vehicle needs a new starter motor. What would be the chances of getting a favourable response from the dealer under the Sale of Goods Act?

FIAT Doblo - Sale of Goods Act - FP

Presumably the low price has something to do with the query, but that is totally irrelevant.

Go for it.

P.S. "Sold as seen" (if quoted by the dealer at the time of sale) sounds like an illegal attempt to avoid his responsibilities.

Edited by FP on 15/04/2015 at 15:18

FIAT Doblo - Sale of Goods Act - Palcouk

"sold as seen" has no legal meaning when a trade seller is selling to a member of the public

If the seller supplies a second hand item (starter motor), that would suffice, if indeed the starter was faulty and its not simply a bad connection.

Edited by Palcouk on 15/04/2015 at 18:33

FIAT Doblo - Sale of Goods Act - FP

I'm pretty certain the dealer would have to fit the starter motor, not just supply it. He is legally bound to be given the opportunity to fix the fault.

FIAT Doblo - Sale of Goods Act - Andrew-T

What would be the chances of getting a favourable response from the dealer under the Sale of Goods Act?

Hmmm. No doubt SoGA would be in your favour, but I suspect that making it stick with a trader selling at under £1000 may result in a war of words. However it's worth a try, especially if the starter fault may cost very little to fix.

FIAT Doblo - Sale of Goods Act - pd

The question is, is it "reasonable" that a £1000 car might require something fixed or replaced or something might be worn out?

I don't think it is a clear cut case, the dealer can simply argue that a starter motor is just a typical wear and tear item on a £1k car.

If it was a £20k car then you'd have a very good case, on a £1k one in truth as long as they drive apprximately off the forecourt there isn't much comeback.

It is worth asking, the dealer might bung a used one on for you (all you are entitled to anyway) if you ask nicely.

FIAT Doblo - Sale of Goods Act - slkfanboy

@PD my exact take also.

FIAT Doblo - Sale of Goods Act - FP

"... is it "reasonable" that a £1000 car might require something fixed or replaced..."

I don't see that the price tag has anything to do with it.

The car has covered less than 50,000 miles. That fact that it's 10 years old may suggest problems.

From the Which website:

"When you buy a second hand car from a dealer, you have the right, under the Sale of Goods Act, to expect the car to:

be of satisfactory quality (taking into account its age and mileage)"

Edited by FP on 07/05/2015 at 18:44

FIAT Doblo - Sale of Goods Act - slkfanboy

The price relates to your respectations of the car. Had you paid £10,000 your expectations are higher.

What does satisfactory quality mean other than perform as you expect which will vary with the amount paid

FIAT Doblo - Sale of Goods Act - pd

How much is a 2nd hand Doblo starter motor. £40? £50?

Can't imagine it is much more and probably under an hour to fit.

You could probably fix it for under £100 so hardly a major issue and hardly worth making too much of a fuss about on a car like this either way.

FIAT Doblo - Sale of Goods Act - steviesf

Hi,

Traders must not mislead consumers by using phrases such as 'sold as seen' or 'no refunds'. If you buy a used vehicle from a trader online, you have additional rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. You do not have the same legal rights if you buy a vehicle from a private seller or from an auction.

If the used vehicle is faulty, you have a short time after buying it to reject it for a full refund. You may have other remedies such as repair or replacement. You should write to trader you bought it from, confirm the details of your complaint and the remedy you are seeking and keep copies of all correspondence. As a last resort, you may need to consider taking court action. Bear in mind that used vehicles may have some faults, but they should not be excessive. Fair wear and tear is not considered to be a fault.

Hope this helps.

P.S Under the sale of goods act 1979 the vehicle should be FIT FOR PURPOSE she has only had the car a short time then dealer will have to put it right.

Edited by steviesf on 10/05/2015 at 13:21

FIAT Doblo - Sale of Goods Act - pd

. Fair wear and tear is not considered to be a fault.

.

And there lies the whole problem. What the sellers idea of fair wear and tear is and what the buyer's are rarely the same and without any fair arbiter being available except a very long court case no one really know where they stand on older, higher mileage, cheaper cars.

FIAT Doblo - Sale of Goods Act - steviesf

FAIR WEAR AND TEAR!

I totally understand your comment, but the dealer should put it right.Its not wear and tear on the new owners part not after 10 days of ownership.I went through a similar issue and I spoke to a retired sales manager of a big car dealership, and if a fault appears so early on the dealer will/should put it right, its up to the dealer to prove that the fault was not there on selling the car which he wont be able to unless he already knew the fault was there and sold the car anyway and they will not admit to that, so therefore he has a duty to put it right regardless of age and mileage.If your still unsure consult the advice line.

FIAT Doblo - Sale of Goods Act - pd

I went through a similar issue and I spoke to a retired sales manager of a big car dealership, and if a fault appears so early on the dealer will/should put it right, its up to the dealer to prove that the fault was not there on selling the car which he wont be able to unless he already knew the fault was there and sold the car anyway and they will not admit to that, so therefore he has a duty to put it right regardless of age and mileage.

Whilst I agree with much of that, I doubt the sales manager was selling £1000 bangers but rather punting them straight to auction. The selling price and mileage does make a big difference in the quality of car the buyer has a right to expect.

The truth is that most, reasonable, dealers will try and help within reason even on cheaper car which is more to do with wanting to maintain a reputation rather than any legal reasons.