Discovery and Sale of Goods Act

Ok guys looking for some guidance, i bought my disco from a second hand car dealer on new years eve, I paid 10K for a 04 TD5 landmark which i think is a fair price.

On the test drive all was fine, but since getting it, it had a horride handling problem and i have had to replace both rear air bags, front drag link bull joint, a broken fog light, broken high vis brake light and watts link bushes. Do i have any ground under sale of goods act to get some of the money back, i have done all the work myself so only have receipts for all the parts.

The dealer has written several times on my reciept sold as seen.

I could be wrong but I think you have to give them the opportunity to repair it themselves first rather than just presenting them with invoices!

I agree with him ^^^

Also, you buy something from a trader for TEN GRAND and allow him to write 'sold as seen' on the receipt!

[ame="http://www.youtube.com/watch?v=YXrU1GFqYEU&feature=related"]YouTube- The Muppets Show - Mahna Mahna (1969)[/ame]

brainboy81 said:

Ok guys looking for some guidance, i bought my disco from a second hand car dealer on new years eve, I paid 10K for a 04 TD5 landmark which i think is a fair price.

On the test drive all was fine, but since getting it, it had a horride handling problem and i have had to replace both rear air bags, front drag link bull joint, a broken fog light, broken high vis brake light and watts link bushes. Do i have any ground under sale of goods act to get some of the money back, i have done all the work myself so only have receipts for all the parts.

The dealer has written several times on my reciept sold as seen.

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if the vehicle was sold to you on the basis that it was generally in good working order then yes you would be able to request the dealer resolves the issues under the sale of goods act

the fact that he has written "sold as seen" has no legal standing - however as you have opted to make good the repair yourself he ceases to be obligated to carry out any repairs

why on earth didn't you go visit him as soon as the first issue appeared, you've only had it a couple of weeks !!!!!!!!!!

is 10k for a fooked 04 plate really such a good price ?

think your only option is to ask him for help with the repairs, if he says no threaten court as he's still obligated under the SOGA for the rest of the vehicle (apparently) and be prepared for a bit of a battle

I got a good trade in for my car but he was not happy as afer we did the deal he did an hpi and found out my old car was acat d which i di dnot know, so he is not very happy any way. But the disco does now appear to have an oil leak from the rear cranck shaft oil seal so should i ask him about that or shoudl i just write to trading standards?

brainboy81 said:

I got a good trade in for my car but he was not happy as afer we did the deal he did an hpi and found out my old car was acat d which i di dnot know, so he is not very happy any way. But the disco does now appear to have an oil leak from the rear cranck shaft oil seal so should i ask him about that or shoudl i just write to trading standards?

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you've only had it a few weeks !!!

if it wasn't for you having spunked some cash doing those repairs i'd suggest you offer to take your old vehicle back in exchange for the disco

gonna have to go sit down with him and try to come to a reasonable agreement seeing as your's wasn't HPI clear - if he's not reasonable mention SOGA and court

which dealer is it ?

DomEllis said:

I agree with him ^^^

Also, you buy something from a trader for TEN GRAND and allow him to write 'sold as seen' on the receipt!

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any dealer is legally obliged to comply with the sale of goods act, so unless the bill of sale LISTED the known faults adding "sold as seen" means nothing these days

Yeah, but it was still a good excuse for that vid!

The dealer is Haydon cars in tiptree in essex.

All that listed on the receipt is the model and make of the landrover the cash i gave him to make up for the cat d on my car and the trade in plus the finance price.

Basically orgianl offered me 4 k for my mondeo which i did not know was a cat d then after the deal was done he found out it was, so i ended up giving him a grand in cash to make up for it being a cat d so 3k for my old car 1 k cash and 6 on finance.

The invoice just says sold as seen customers car total loss reduced by 1000.

DomEllis said:

Yeah, but it was still a good excuse for that vid!

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and very apt it was to

On a more helpful note....

Try and have a civilised sit down with the dealer. He won't want his reputation tarnished. Explain that you didn't know about the HPI and assume that he didn't know about the faults. Show him what you've done to fix the motor and ask for a contribution to fix the oil leak.

Then sell it. Sounds like you've picked up a reet lemon there!

Now then, who's going to pick up on his user name!?

brainboy81 said:

The dealer is Haydon cars in tiptree in essex.

All that listed on the receipt is the model and make of the landrover the cash i gave him to make up for the cat d on my car and the trade in plus the finance price.

Basically orgianl offered me 4 k for my mondeo which i did not know was a cat d then after the deal was done he found out it was, so i ended up giving him a grand in cash to make up for it being a cat d so 3k for my old car 1 k cash and 6 on finance.

The invoice just says sold as seen customers car total loss reduced by 1000.

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right so you paid any extra grand to balance the fact that your vehicle was cat D ?

everything now being square you should now JUST have to worry about the disco not being of merchantable quality - so go take it back and get the OTHER faults sorted

just out of curiosity why did you do the repairs ?

did you say you have finance on it ? - the finance company MIGHT be able to offer some legal advise that doesn't involve big mates with baseball bats

lemon

awesome clip

Brainboy81, you should've took the bloody car back when the first problem appeared, you've bought a pup and unless you can negotiate some sort of deal your without a paddle, mate

DomEllis said:

Now then, who's going to pick up on his user name!?

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bit early for such pettiness, but i did ponder having a pop

brainboy81 said:

6 on finance.

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Ooooo dear, brainboy81 [too many jokes!!!].

How many years are you going to be paying for this LEMON!?:doh:

op2:

Sean said:

right so you paid any extra grand to balance the fact that your vehicle was cat D ?

everything now being square you should now JUST have to worry about the disco not being of merchantable quality - so go take it back and get the OTHER faults sorted

just out of curiosity why did you do the repairs ?

did you say you have finance on it ? - the finance company MIGHT be able to offer some legal advise that doesn't involve big mates with baseball bats

lemon

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I reapired it as i thought sold as seen menat i was scuppered, and i have always worked on my own cars and am pretty hand and the wife was nagging me to get it fixed.

At least i knwo there is nothing else wrong with it as i have been over it with a fine tooth comb now and had front and back suspension i n peices and all bsuhes and other ware and tear parts are fine, the interior is mint na dit has full history.

Did not end the deal on good terms with the dealer and i really did not know my old car was a cat d i paid full money for it from a ford dealer. So gave him the extra grand as i felt bad.

As for my name i live in braintree that where it comes from!!!

Thanks for all the help guys.

brainboy81 said:

I reapired it as i thought sold as seen menat i was scuppered, and i have always worked on my own cars and am pretty hand and the wife was nagging me to get it fixed.

At least i knwo there is nothing else wrong with it as i have been over it with a fine tooth comb now and had front and back suspension i n peices and all bsuhes and other ware and tear parts are fine, the interior is mint na dit has full history.

Did not end the deal on good terms with the dealer and i really did not know my old car was a cat d i paid full money for it from a ford dealer. So gave him the extra grand as i felt bad.

As for my name i live in braintree that where it comes from!!!

Thanks for all the help guys.

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maybe just take it as one of life's little lessons ?

sorting that rear crank oil seal is going to be a pain thou ........

Sean said:

sorting that rear crank oil seal is going to be a pain thou ........

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i'm thing its a gear box out job or engine out trying to decide what will be easiest.