Dealer fibbs !

Author
Discussion

samn

Original Poster:

26 posts

277 months

Monday 17th December 2001
quotequote all
I have just had an S2000 diliverd one year old sold as in perfect condition.
on inspection I have noticed the two back S02's are totally bald.
I have called the dealer but he is out for the afternoon. Can I insist they pay for two new ones ?? Or am I stuffed.
I never viewed the car before buying as it was from a dealer up north but I saw pics and was told that the car was perfect. I have paid for the car in full and now recived a car that is just about (or not) road leagal.

Has any one had a problem like this before ??

SamN

pbrettle

3,280 posts

289 months

Monday 17th December 2001
quotequote all
As far as I know, the legal position is clear - they supplied you with a car that is illegal to drive on the roads. This is not only morally wrong, but also against their terms and conditions (unless they EXPLICTLY state so). They are supposed to supply vehicles that are road worthy and of representative quality - i.e. wont break down next week....

Therefore they should pay for the tyres. If they refuse then threaten them with a solicitor and eventually take them to small claims court - oh, and make sure that you put in the claim for the phone calls, taxis and the like that you have had to use because the car is illegal - I hope...

If it is a main dealer they will probably do this quickly. Their reputation wouldnt be worth salt if they did this knowingly. If it isnt a main dealer then you still have the recourse - the advantage of purchasing from a dealer - but you do pay for this though.

Oh, and get professional help - I am not a solicitor and therefore dont trust me....

Cheers,

Paul

samn

Original Poster:

26 posts

277 months

Monday 17th December 2001
quotequote all
Thanks that is what I thought.
It is a main dealer so hopfully they will sort it without to much trouble !!
once I have spoken to them this afternoon I will post there reply.

SamN

p11sud

5 posts

275 months

Monday 17th December 2001
quotequote all
get back to them pronto!
just a point. was it really such a good idea to buy a used performance car that you have never even seen? I think that the fact it has been supplied with bald rear tyres speaks volumes here.
I wouldnt touch anything i have not seen in person, main dealer or not and this is why.
good luck...

Jason F

1,183 posts

290 months

Monday 17th December 2001
quotequote all
Its the Sale Of Goods Act that applies here, a product must be fit for purpose. A car with Non Legal Tyres cannot be used and therefore they are in breach.

Get them to collect the car (can`t be driven) and put two new tyres on it.

If they tell you the car was sold as seen, tell them that is not a legal term. They are Trade and as such Statute Law applies.

Edited by Jason F on Monday 17th December 21:53

samn

Original Poster:

26 posts

277 months

Tuesday 18th December 2001
quotequote all
Thanks for the advise.

Spoke to the salesman yesterday how told me he would sort something out with a local dealer tomorrow, so hopfully I will be OK.
I will let you know!!

SamN