Trading car in - I assume its "buyer beware" for the garage also?

albob

Hi,
My wife is thinking about trading her car in for a new one (well new to her) mainly because her car (2003 Focus) has been giving a world of trouble since the timing belt broke last year. Its now burning oil and after a number of trips to the mechanic there is still no solution. Engine management system light is on a lot of the time and it is saying that the cat is gone. However 2 separate mechanics have said that they think that this is a false alarm and that the issue is elsewhere. However some coil went a couple of days and the garage said that this may have damaged the cat.
Anyway I am hoping that replacing the coil will get the car back on the road without having to touch the cat. I am wondering if when trading in the car the garage does not spot the oil burning issue or that the cat is questionable, (and I don't tell them) will they have any comeback against us? I assume not. Of course I suppose they could throw it back at us if we had trouble with the new car and had to go to them with that.

Any thoughts or advice?
Thanks

Owen

There is a section on the contract that you sign, which asks questions about the cars history. If it has ever had bodywork, or if it has ever been in an accident. They're the only standardised questions across all garages which can come back at you.

However, some garages now when appraising a car use an additional sheet, which is a visual walkaround the car. They'll mark out dents, scratches, broken parts, and note service information. Part of this is usually to ask you questions about the service history of the car. If you're not truthful, and then sign the appraisal form that the car is perfect - that can come back against you.

Not a whole lot of garages use these though. But the faults you've described aren't the end of the world, and wouldn't cost a fortune to sort. I'd mention it myself, but that's my own personal choice.

albob

The quote we are getting for the cat is between 500 and 700 so worried that if I mention it they knock it off the trade in allowence even though in the end there might be nothing wrong with it. Everything else will be fixed, except for the oil burning which none of the places I have brought it have been able to resolve. My worry is that from my experience garages are only looking for reasons to reduce the trade-n allowence and I don't want to give them more excuses that I have to.

corktina

the problem with buyer beware is that it isnt a license to defraud (bad word , not meaning to offend) and should they be able to prove there was a fault you knew about but didnt mention, they would have a comeback on you.In other words it only applies to a fault that becomes apparent that the seller didnt know about.

I beleive the principle is Uberrima Fides...utmost good faith... its A LONG time since I was involved with such things

DonJose

"Do unto others as you would have others do unto you."

You're selling a lemon and trying to pass it on as a peach, how would you feel if you bought a car in similar condition.

MunsterCycling

They are in the trade and so take the risk of this happening, if they are making you fill in such form walk away as they are not worth dealing with as they clearly don't know their business.

MC

DonJose

MunsterCycling wrote: »

if they are making you fill in such form walk away as they are not worth dealing with as they clearly don't know their business.

Fixed your post

shoegirl

In fairness they employ mechanics full time so I would expect them to give cars some kind of check. They are a at far bigger advantage over you than the other way round. Besides a 2003 car I would expect to have the odd issue. Anything over 7 or 8 years and with a mileage over 80,000 miles I'd definitely expect wear and tear.

MunsterCycling

Ah no no you didn't, a garage that is so arseways that they can't spot a lemon from 50ft is clearly not worth dealing with.

albob

In a way I agree with those saying "do onto others as...". However what I don't want is for me to say to the garage that the cat might be a problem and for them to them say 'oh, gee thats a biggy, need to take 700 quid off the trade-in to cover that' only for them not to touch the cat either and flog it off to someone else hoping that the cat lasts until whatever couple of months warrenty they give runs out....and the cat might neve actually go.

As for the oil buring issue- surely every car that age likes a drop of oil! :rolleyes:

Should I tell them that the timing belt snapped?

Owen

MunsterCycling wrote: »

Ah no no you didn't, a garage that is so arseways that they can't spot a lemon from 50ft is clearly not worth dealing with.

That's where you're wrong though. A salesperson isn't a mechanic. They do a visual inspection of cars which takes approx 10 minutes. If a car was to be thoroughly inspected, it needs to go into a workshop and go on a ramp for at least an hour. That's how long the 124 point inspection BMW takes.

mickdw

PaintDoctor wrote: »

....for at least an hour. That's how long the 124 point inspection BMW takes.

You mean they actually carry out these inspections & not just have a look around it for faults. Im shocked.

robtri

as stated above buyer beware does not cover fraud or misrepresentation of goods either by dealers or private sellers......

you can still successfully claim agaisnt a private seller if they purposely and can be proven misled you about a car...

so in short yes, if you purposely mislead the dealer.. it can come back to bite you...

Tea 1000

albob wrote: »

In a way I agree with those saying "do onto others as...". However what I don't want is for me to say to the garage that the cat might be a problem and for them to them say 'oh, gee thats a biggy, need to take 700 quid off the trade-in to cover that' only for them not to touch the cat either and flog it off to someone else hoping that the cat lasts until whatever couple of months warrenty they give runs out....and the cat might neve actually go.

As for the oil buring issue- surely every car that age likes a drop of oil! :rolleyes:

Should I tell them that the timing belt snapped?

Agree a trade price first, then as a by-the-way you can tell him that the engine light is on and that it might be the cat. Then if he wants to factor that into the deal you can haggle on that one item seperately. So if he says "ah that'll cost me 700", you can counter by saying "Well, it won't cause you're in the trade, you have the mechanics there, you can get parts cheaply, so take €200 off the price seeing as I'm being straight with you and I'll deal" type of thing.
You can rest easy after the deal if you disclose it.