Help needed [dealer trouble]

melnsw

Hi there,
I bought a car almost 2 weeks ago only to have had trouble with it ever since. It was bought off a dealer who said it was in perfect condition, I trusted his word for it, yes stupid I know, and have since had the power steering light come on constantly and had it sieze up, also the starter motor is buggered. I was also unable to fill it with petrol as it overflowed.
I took it back out to him and told him and he had a look at it and said there is no leaks etc and is fine, its probably just the battery. I took it for a new battery and the old battery was fine.
I took it to a garage and the starter motor is gone, as is the power steering pump, he also found 2 wires were needing to be replaced as they were basically just plied together, and there is air in the fuel line.
I have since complained to him again and he said he will source parts for me and I can pay for them to be fitted, where I am saying to him he sold me a car that wasn't as described. I have informed him of my rights also and that he has to refund me within the 2 weeks but he is having none of it.
I signed a sold as is form with no warranty but legally he is supposed to take it back if it isn't in the condition he said, which it isn't.
Any advice on what to do?
Thanks

OREGATO

Sold as is means just that sold as is.. You've already stated it in your post t

Cee-Jay-Cee

melnsw wrote: »

I signed a sold as is form with no warranty but legally he is supposed to take it back if it isn't in the condition he said, which it isn't.
Any advice on what to do?
Thanks

Pay for the fitting of the parts and take it as a lesson learned. Never sign a sold as seen contract unless you are absolutely positive the car is perfect or near perfect. You have no comeback and he is not even obliged to source the parts for you but your lucky that he is so it's not as bad as it could have been.

moxin

You should have got that warranty even if for just 3 months as a dodgy car would likely show its problems within that time frame with regular driving hence the garage would have "fixed the car more" before selling it. Lesson learned i'm afraid. Also, i'd get another garage\mechanic that you know to be trusty to look at the repairs instead of the dealer.

Marcusm

OREGATO wrote: »

Sold as is means just that sold as is.. You've already stated it in your post t

A business such as a dealer selling to a consumer cannot succeed with such a statement - the sale remains subject to the Sale of Goods Act meaning concepts such as "merchantable quality", "fit for purpose" and "repair, replace or refund" apply.

OP: unless the car is of particular interest I recommend that you inform the dealer that you are rejecting the car as not meeting these standards and require a full reund.

guil

I thought a dealer has to give a warranty regardless of what they get you to sign. Nearly sure I read that on here before.

slimjimmc

guil wrote: »

I thought a dealer has to give a warranty regardless of what they get you to sign. Nearly sure I read that on here before.

You may have read it before alright but it's just as false now as was then. No one is ever obliged to give a guarantee unless they offer it as part of the sale. As a consumer you do however have legal rights as Marcusm referred to.

moxin

slimjimmc wrote: »

You may have read it before alright but it's just as false now as was then. No one is ever obliged to give a guarantee unless they offer it as part of the sale. As a consumer you do however have legal rights as Marcusm referred to.

Aren't those legal rights 7 days(cooling off period)? OP had problem 2 weeks after sale in this case.

Marcusm

It should be noted that those "legal rights" regularly exceed warranties provided by dealers.

slimjimmc

moxin wrote: »

Aren't those legal rights 7 days(cooling off period)? OP had problem 2 weeks after sale in this case.

There's a 7 day cooling off period in distance selling (e.g phone/internet etc) regulations. However if the OP walked into the dealership and done the deal then distance selling regs don't apply and so no cooling off period applies.

melnsw

I had emailed him within a week with the problems and he looked at it and said there is nothing wrong with it. I drove to him and it cut out in traffic, which I told him and he looked and said there is nothing wrong.
I have looked at my rights and he has to refund me but he is having none of it.
Think it may have to be lesson learned as I can't afford to get a report on it and all the trouble that goes along with it.
Thanks for all the replies

Hootanany

How did you get on ?

melnsw

I will be going to the small claims court. Along with the petrol tank not being able to be filled and overflowing, there are sparks coming from the engine when I start the car. Not safe at all so it is parked and not being used.

George Dalton

What kind of car is it? What year is it?