sold as seen

[tourerfogey]

Originally Posted by Zeb

Speaking of which Jules, have you got any nice, low mileage CDTi 75 Tourers knocking about? I have need....

Ooooh, has your engine blown? Do you owe the club a tenner?

[Zeb]

Originally Posted by tourerfogey

Ooooh, has your engine blown? Do you owe the club a tenner?

Ahem.....

http://www.the75andztclub.co.uk/foru...ad.php?t=20493

[tourerfogey]

Drat! er, I mean, oh good

[carlpenn]

Originally Posted by deano78

i spoke to trading standards this morning, and "sold as seen" only covers things you can see, paintwork,trim etc and doesnt cover mechanicals, its also illegal for a motor trader to right sold as seen on a sales invoice to a member of the public as it is seen as trying to block your consumer rights. I'm trying the nice approach with that garage at the mo and if that fails trading standards are going to phone them.

That would have been my Advice if I had seen this post earlier.

The SOGA is a large and complicated document and covers what you need to know,but it would be better to go the TS route as they can follow up if necessary and speak directly to teh supplier (which usually scares them into doing things)

[Chris Russell]

Sorry to go against everyone else but you shouldn't be getting the garage to look at it, you where happy to sign an agreement knowing what he was on about when he said sold as seen too many people go looking for bargains then look for someone else to blame when things go wrong when you buy a car on the cheap its a risk you take you win some you lose some legally you may be in the right but morally you knew what you agreed to ( sorry if i've caused offence )

[GreyGhost]

Originally Posted by Chris Russell

Sorry to go against everyone else but you shouldn't be getting the garage to look at it, you where happy to sign an agreement knowing what he was on about when he said sold as seen too many people go looking for bargains then look for someone else to blame when things go wrong when you buy a car on the cheap its a risk you take you win some you lose some legally you may be in the right but morally you knew what you agreed to ( sorry if i've caused offence )

And when you fall foul of this type of trader. What then? Bite the bullet, suffer the loss?
Would you really forgo the pleasure of your statutory rights?

Edit:- I note from you public profile you are a motor trader.

[tourerfogey]

There are two sides to this sort of thing.

I know a Motor Trader (an honest one - known him for years) who sold a car to a lady. Nearly 6 months later the water pump failed and without warning he was threatened with all sorts of nastiness on the grounds that he had sold an 'unroadworty vehicle'! How the hell was he supposed to know that 6 months and some significant mileage later the water pump was going to fail? In the end just to avoid the potential bad publicity he felt he had to fork out for the repairs even though he wasn't liable.

Some people just expect too much when buying a secondhand car and think that there should be no risk involved at all.

Note - this isn't directed at the OP but is just to illustrate the level of protection some unreasonable people think they should have and lengths that they will go to just so that they can avoid spending a few quid.

[JamesP]

Originally Posted by tourerfogey

Note - this isn't directed at the OP but is just to illustrate the level of protection some unreasonable people think they should have and lengths that they will go to just so that they can afford spending a few quid.

Unfortunatley this is were the law is unfair, as you may be aware since 2003 any fault on a motor vehicle found in the 1st six months of ownership is automatically deemed to have been there at the point of sale, it is for the seller to prove otherwise.

Quite often it is the public that try to fleece the trade when part exchanging a car, it has been known for a person to wind the mileage back on a vehicle then part exchange it, the dealer can spend time and money doing providence & mileage checks & retail the vehicle in good faith only to find out a few months later that the vehicle has been clocked, Trading Standards would prosecute the Dealer not the customer that "Clocked" & part exchanged the vehicle in the first place, in my book the Dealer & the New Customer are both the innocent purchaser.

Back on topic

Having said that it is illegal for a Dealer to write "Sold as Seen" "Trade Sale" or "No Warranty Given or Implied" on an Invoice.... the reason for doing it though are obvious in terms of profit retention.

[GreyGhost]

Thanks for posting that TF.
I will temper my earlier post with a small caveat. I was thinking in terms of vehicle failing through some major mechanical fault shortly after purchase, certainly not six months on, a part that is bound to have suffered normal wear and tear such as a water pump for example. That would be rather pretentious.

[Pete]

I must admit my legal studies are a dim and distant past, but anyway.......

Contractually speaking, where there is legislation that affords rights to a purchaser any exemptions attempted by a commercial seller will be deemed to be null and void as you cannot exempt yourself from the law. Therefore, and in rather basic terms, it is of little consequence that you signed a document that stated Sold As Seen; if you have undertaken a contract with a trader then you do have reasonable redress. If you think back for example to the days when you would see signs outlets saying they would not accept returns, in most cases this was an attempt to impose an illegal term in the contract between the seller and the purchaser, and as such was illegal. Of course there are certain exceptions to this rule - law is never quite so straightforward and particular goods or services do have special status - so the best advice as ever is to seek good counsel, and of course to talk to the trader as opposed to diving straight into litigation as often a fair and good compromise can be found.