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Is there anything in the 'fit for purpose' of goods that includes cars?

3 replies

nymphadora · 27/02/2011 17:32

Replaced dh car last year with second hand one with a one year warranty. It was bought from local dealership. It's been back about 8 times in 6 months and we are fed up. Do we have any rights from a legal perspective?

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prh47bridge · 27/02/2011 19:32

Yes, you do have rights. As you bought the car from a dealer:

  • the car must be of satisfactory quality taking into account its age amd mileage
  • it must match any description that was given when you bought it
  • it must be fit for purpose

However, by keeping the car for 6 months you may have lost the right to reject it and get your money back. You can only reject the car within a "reasonable time". The law doesn't define what is meant by a reasonable time but it is generally thought that you need to reject the car within three or four weeks. You can, of course, still try to reject the car and see what the dealer says.

You can ask the dealer for a replacement. If they refuse (or you don't want to go down that route) you can get the car fixed by someone else and claim the cost from the dealer, or get a reduction in the price, or return the car and get back what you paid less a deduction for the use you've had from it.

prh47bridge · 27/02/2011 19:34

By the way, if you bought the car on a credit card or using credit arranged through the dealer, you can claim from the credit provider if the dealer proves uncooperative.

nymphadora · 27/02/2011 19:58

The car is going back again tomorrow hence me^ being fed up. Appears to be the same problem as last time. They keep fixing it, providing car & not charging but it's a PITA.

Good job we aren't reliant on it at the moment although once we are both working that will change. Plus need it for holiday at Easter!

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