Used Car Garage issues

Hootanany

Having serous issues with a Garage that I purchased a pre-owned car from.
They had to jump start the car when I looked at it warning lights came on.
Dealer said full service & NCT would be provided so lights weren't a problem
Did the deal
Drove car away radio not working and could not see the the display properly
Drove back to dealer before 1 hour of ownership was up told SOLD as SEEN:eek:
Radio still not working and no NCT his attitude stinks and I don't trust this dealer to stand over his 3 month warranty.

Is there any recourse I can take many thanks in advance

Kenny Logins

What did your mechanic say about it?

Raytown Rocks

Kenny Logins wrote: »

What did your mechanic say about it?

He said ask Boards.ie.

colm_mcm

Did you sign an order form?

How come you collected it without nct?

road_high

Hootanany wrote: »

Having serous issues with a Garage that I purchased a pre-owned car from.
They had to jump start the car when I looked at it warning lights came on.
Dealer said full service & NCT would be provided so lights weren't a problem
Did the deal
Drove car away radio not working and could not see the the display properly
Drove back to dealer before 1 hour of ownership was up told SOLD as SEEN:eek:
Radio still not working and no NCT his attitude stinks and I don't trust this dealer to stand over his 3 month warranty.

Is there any recourse I can take many thanks in advance

Jeese no offence and don't mean to come across as a smart-arse but would this not have sounded major alarm bells?
NCT is not a measure of major mechanical flaws (which the lights would likely indicate) it's just a snapshot on a given day i.e. is the car roadworthy which is quite different from being reliable.
And you still agreed to hand over the money with no NCT/stuff not working?

SCOOP 64

How can it be sold as seen with 3 months warranty?

coylemj

colm_mcm wrote: »

How come you collected it without nct?

Obviously enough punters are prepared to accept the dealer's word because last time I subjected myself to the sales b***t of a few indie dealers, the standard line was 'we guarantee the NCT'.

They simply tell you the car will 'sail through' the NCT and expect you to hand over your money on the basis of that assurance.

As depressing as it sounds, there's clearly enough people out there who fall for it.

Hootanany

Well some cars lie around dealerships I don't see a problem on a booster start
The Garage have been around for a good while hence I bought there with the 3 month warranty as a cushion but to be told something that is faulty within an hour as Sold as SEEN hence why i am asking on here is that right

Hootanany

SCOOP 64 wrote: »

How can it be sold as seen with 3 months warranty?

Thats the bit that has got me

SCOOP 64

Hootanany wrote: »

The Garage have been around for a good while hence I bought there with the 3 month warranty as a cushion but to be told something that is faulty within an hour as Sold as SEEN hence why i am asking on here is that right

Ive never heard of this.

coylemj

Hootanany wrote: »

Well some cars lie around dealerships I don't see a problem on a booster start

You still don't get it. They did a jump start to use it as an excuse for the engine warning light coming on. You swallowed that one and then handed over your money before the NCT was sorted and the service was carried out.

Hootanany wrote: »

The Garage have been around for a good while hence I bought there with the 3 month warranty as a cushion but to be told something that is faulty within an hour as Sold as SEEN hence why i am asking on here is that right

No, 'sold as seen' only applies if there is a written agreement signed by the seller and buyer to the effect that the car is not intended to be used in the condition it's in at the time of the sale. Effectively it applies to cars that are severely damaged or which are intended to be broken for parts. It is almost never a condition of sale where the sale is to a private buyer though there's no shortage of threads here where indie dealers try to spring it on the buyer after the event i.e. when he comes back to get problems fixed. It doesn't matter by the way if the dealer writes 'sold as seen' on the receipt which is another classic tactic.

Peanut2011

Well OP,

Do you have the copy of the car advert? Did it state sold as seen?

In any case, this might be a case for national consumers agency or SIMI if they are registered (which I doubt)

Citizen Info

extract:

From a garage or car dealer
In this situation you, as a consumer, are protected by the Sale of Goods and Supply of Services Act 1980 as you are buying a car for your personal use from a person whose normal business it is to sell cars. As a consumer you have the same rights if you buy an item second hand as if it is new. In this case if you find a fault with the car after you have bought it the dealer is the person who must set matters right. If you buy a commercial vehicle or a tractor from a dealer you may not have the same protection under the law. If you are offered an extended warranty on a used car think about the cost of the warranty versus the cost of repairs that the car is likely to need.

Sellers have responsibilities such as giving accurate and truthful answers to the questions you ask. Information on a seller's responsibilities in car deals is available on the National Consumer Agency's website

Hootanany

It was described as Immaculate on the advert still have it in my History

corktina

solicitor...

colm_mcm

Print screen the advert as you may lose it in your history

Hootanany

Just saved it it say immaculate thru out

Kenny Logins

Didn't you see the problems when test driving it? I don't understand how you can buy a cat before checking it out!

road_high

Kenny Logins wrote: »

Didn't you see the problems when test driving it? I don't understand how you can buy a cat before checking it out!

With warning lights and no NCT. Caveat emptor...

SCOOP 64

Kenny Logins wrote: »

Didn't you see the problems when test driving it? I don't understand how you can buy a cat before checking it out!

As long as the cat is walkng and looks healthy it should be ok:D

Kenny Logins

SCOOP 64 wrote: »

As long as the cat is walkng and looks healthy it should be ok:D

*car

Hootanany

Kenny Logins wrote: »

Didn't you see the problems when test driving it? I don't understand how you can buy a cat before checking it out!

Drove perfect I always turn off the radio when testing cars to hear for a knocking or squeaking

SCOOP 64

Hootanany wrote: »

Drove perfect I always turn off the radio when testing cars to hear for a knocking or squeaking

I thought the radio wasn't working?

Hootanany

SCOOP 64 wrote: »

I thought the radio wasn't working?

Not properly anyway we are getting off topic SOLD as SEEN with 3 months warranty that is my question

coylemj

Hootanany wrote: »

Not properly anyway we are getting off topic SOLD as SEEN with 3 months warranty that is my question

'Sold as seen' and '3 months warranty' are mutually exclusive terms because 'sold as seen' means no warranty, further proof that they are talking BS.

From the legal perspective, I answered your question in post 11 above.

biko

Keep nagging them about it, preferably in person at the shop.

Read up on your rights
http://www.citizensinformation.ie/en/consumer_affairs/motoring/advice_on_buying_a_used_car_in_ireland.html

Read the paperwork that came with car.

Hootanany

biko wrote: »

Keep nagging them about it, preferably in person at the shop.

Read up on your rights
http://www.citizensinformation.ie/en/consumer_affairs/motoring/advice_on_buying_a_used_car_in_ireland.html

Read the paperwork that came with car.

Will do thanks for all the help

Hootanany

Peanut2011 wrote: »

Well OP,

Do you have the copy of the car advert? Did it state sold as seen?

In any case, this might be a case for national consumers agency or SIMI if they are registered (which I doubt)

Citizen Info

extract:

SIMI registered

Kenny Logins

Hootanany wrote: »

Not properly anyway we are getting off topic SOLD as SEEN with 3 months warranty that is my question

What does the warranty cover, and what faults did you find?

Hootanany

Im not too sure 3 month warranty
The NCT is worrying me now if he can't be bothered fixing the small stuff what happens if there is something major once NCT has been done

debabyjesus

What exactly are the faults here? Radio not working is all you've mentioned. Maybe it just needs a code after battery dying.

road_high

debabyjesus wrote: »

What exactly are the faults here? Radio not working is all you've mentioned. Maybe it just needs a code after battery dying.

Yes that's a good point, have they made any attempt to fix or are they refusing saying sold as seen?

Hootanany

Dead pixels on radio and dash can't read on board computer
I have it 2 weeks now and still not fixed seat belt issue central locking issue
radio only front speakers working
creaking in rear when pulling off

Kenny Logins

Hootanany wrote: »

Im not too sure 3 month warranty
The NCT is worrying me now if he can't be bothered fixing the small stuff what happens if there is something major once NCT has been done

It's the small stuff that you saw and bought the car anyway, I'd say that's the 'sold as seen' bit.


FWIW I bought a car in similar circumstances, it was up to me to check everything out and the garage would then cover what it required for the NCT, once tested. Is this the situation here?

debabyjesus

Hootanany wrote: »

Dead pixels on radio and dash can't read on board computer
I have it 2 weeks now and still not fixed seat belt issue central locking issue
radio only front speakers working
creaking in rear when pulling off

What and how old is the car? Maybe the car has no rear speakers even if the grille is there for them.

Whats the central locking and seat belt issues?

coylemj

Kenny Logins wrote: »

It's the small stuff that you saw and bought the car anyway, I'd say that's the 'sold as seen' bit.

FWIW I bought a car in similar circumstances, it was up to me to check everything out and the garage would then cover what it required for the NCT, once tested. Is this the situation here?

That is not how things work when the seller is a dealer.

It's up to the buyer to check things out in a private sale i.e. private seller and private buyer. There is no such onus in a transaction involving a trade seller and a private buyer.

When buying from a dealer, the buyer has the legal right to expect that the seller (being in the trade) has exercised a level of expertise to ensure that the buyer is getting a roadworthy and mechanically sound vehicle.

No matter how much hand-wringing they may try, the dealer cannot offload a heap of sh1t on a private buyer and then retrospectively claim it is a 'sold as seen' deal.

slimjimmc

Hootanany wrote: »

Im not too sure 3 month warranty
The NCT is worrying me now if he can't be bothered fixing the small stuff what happens if there is something major once NCT has been done

Any 3 month guarantee I've come across only covered major mechanical items such as engine and gearbox. Other key items such as suspension, clutch are usually excluded, so it's very unlikely that any small stuff is covered by a guarantee. However you still have consumer rights which you can use.

PS if the seat belt is not secure then it may possibly be deemed a dangerous defect. It is a breach of the Sale of Goods and Supply of Services Act for any person to sell a dangerously defective car for use in a public place.

George Dalton

How old is the car?

Kenny Logins

coylemj wrote: »

That is not how things work when the seller is a dealer.

It's up to the buyer to check things out in a private sale i.e. private seller and private buyer. There is no such onus in a transaction involving a trade seller and a private buyer.

When buying from a dealer, the buyer has the legal right to expect that the seller (being in the trade) has exercised a level of expertise to ensure that the buyer is getting a roadworthy and mechanically sound vehicle.

No matter how much hand-wringing they may try, the dealer cannot offload a heap of sh1t on a private buyer and then retrospectively claim it is a 'sold as seen' deal.

Yes, but what if it is roadworthy and mecanically sound but has other issues such as faulty radio/speakers, dicky central locking etc.? You can't buy a car and assume everything is OK.

Hootanany

George Dalton wrote: »

How old is the car?

10 years but it's a luxury motor low mileage for its years but described as immaculate

ford jedi

what sort of car is it?

Superdedupity

10 yr old luxury cars can tend to have expensive to repair small faults, think there's an element of buyer beware.

It's important to check, check and recheck before parting with cash.

And exhaust all options with the garage regarding fixing it before you start uttering about 'your rights' or the law. Because once you say that, I think you'll get less:)

coylemj

Kenny Logins wrote: »

Yes, but what if it is roadworthy and mecanically sound but has other issues such as faulty radio/speakers, dicky central locking etc.? You can't buy a car and assume everything is OK.

I can see your point and I agree that if a dealer was selling me a car and pointed out certain faults then I wouldn't see that I'd have a right to come back and insist that he fix them afterwards.

What's different here is that the dealer claimed the car had 3 months warranty and when the OP came back and tried to get certain items (including the seat belts) fixed, he was basically told to FO thereby proving that there was no intention to honour a warranty of any kind from the start.

Superdedupity

I don't think the OP specified that it was the seat belts themselves, but perhaps a warning system for them?

Hootanany

coylemj wrote: »

I can see your point and I agree that if a dealer was selling me a car and pointed out certain faults then I wouldn't see that I'd have a right to come back and insist that he fix them afterwards.

What's different here is that the dealer claimed the car had 3 months warranty and when the OP came back and tried to get certain items (including the seat belts) fixed, he was basically told to FO thereby proving that there was no intention to honour a warranty of any kind from the start.

Yes exactly

djimi

A 3 month warranty is almost certainly engine and gearbox; its unlikely to cover the radio. It depends on what you have in writing though. On a ten year old car I wouldnt expect a very comprehensive warranty.

There is no such thing as sold as seen from a dealer; you are still covered by the sale of goods act and can still expect the car to be in sound working order when you buy it.

Have you got anything in writing to say that the car would be sold with an NCT?

Hootanany

o it was verbal when i did the deal

Superdedupity

Well you probably know the answer to what that's worth so after the reaction you've got from the dealer up to now:)

Hootanany

So should I go Nuclear i worried over the NCT

djimi

I dont think you have much of a claim over the NCT tbh; without something in writing you basically bought a car that is not NCTd. Put it through the test, see how it gets on, then you will at least have a list of issues that you can look to get sorted.