PX to clear - comeback

Hello,

If I bought a part exchange to clear from a local garage, would I have any comeback?

Presumably my statutory rights are still valid, so if it's stolen etc I'm covered, but how far does this extend?

Thanks in advance,

Andy.

I don't think any of your normal statuary rights are effected - regardless. They are retailing a product and it should be fit for the purpose intended.

If they wished to dispose of an iffy motor with no comeback, they'd send it to auction. It's buyer beware there.

The message from "Andy Evans" contains these words:

How are you covered if it's stolen?

Well, as you are buying from a recognised trader then he had no right to sell it in the first place and a full refund is in order. It's not as if he's very able to disappear as could happen with one out of the paper etc.

Andy.

Actually, you've got more chance of comeback with a private seller in Scotland. Or rather, if you buy a stolen/financed car in Scotland in good faith from a private seller, title passes to you and the party which has the loss must pursue the seller. If it is a garage, I believe that this is not the case however, and you lose your car and have to pursue the garage for your losses.

Richard

The message from "Andy Evans" contains these words:

Ah, sorry, I read it as covered if it's stolen from outside your house after you've bought it.

It used to be the opposite way around in England. If you bought a car in good faith from a recognised dealer it became your property - even if stolen. The true owner had to try and recover the value from the dealer. It was a scam doing the rounds years ago. But I don't know if the law is still the same.

I think you will find that if it's a stolen vehicle that you have purchased, you will have no right to keep it as it is still the property of its rightful owner (whoever that is at the time of recovery i.e Insurance company, person it was stolen from etc) and you will also have no right to any compensation or recompense. In other words, hard luck.

With regards to your other "rights" then unless the dealer has pointed out any defects, or the defects are such that they would be immediately apparent upon visual inspection or test drive. OR you agree to accept the vehicle being "Bought-as-Seen" then your statutory rights apply (as a minimum and are not affected by any additional warranty offered by the dealer) and the goods must be fit for their purpose.

Brian G

If you buy from a dealer the car has to be as described, to satisfactory quality etc. You are protected if has been stolen by virtue of the fact that you can claim the purchase cost back from the dealer if the police turn up and seize it. These are laid down in civil law and exceed the limited rights you have when buying privately.

Incidentally case law recognises that if you buy a car for say £10,000 that is only a few months old with low mileage it should be virtually perfect. However, if you pay £500 for a 100,000 mile 8 year old car, it should be as described with sound mechanicals, but you aren't going to have any comeback if the radio packs up or a bearing or such needs replacing in a couple of months time. Fair, wear and tear applies.

I think you will find that if it's a stolen vehicle that you have purchased,

Yes, I agree with the above

and you will also have no right to

Don't agree with that. In fact you contradict yourself in the next paragraph:

If it is stolen then that's a pretty big defect and I think it would be the dealer's problem with a refund - i.e. statutory rights, fit for purpose, reasonable and all that.

Cheers,

Andy.