car dealers

[D_Hailsham]

You cannot describe a vehicle as being one thing and then sell it as something else. Trade descriptions act covers that, more info here

http://www.berr.gov.uk/files/file8156.pdf[/QUOTE]
The Trades Description Act 1968 has been replaced by the Sale of Goods Act 1979, which has been amended several times since then.

The relevant part is section 14

14 Implied terms about quality or fitness

(2)Where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract are of satisfactory quality.

(2A)For the purposes of this Act, goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances.

(2D)If the buyer deals as consumer ... the relevant circumstances mentioned in subsection (2A) above include any public statements on the specific characteristics of the goods made about them by the seller, the producer or his representative, particularly in advertising or on labelling.

(2E)A public statement is not by virtue of subsection (2D) above a relevant circumstance for the purposes of subsection (2A) above in the case of a contract of sale, if the seller shows that—

(a)at the time the contract was made, he was not, and could not reasonably have been, aware of the statement,

(b)before the contract was made, the statement had been withdrawn in public or, to the extent that it contained anything which was incorrect or misleading, it had been corrected in public, or

(c)the decision to buy the goods could not have been influenced by the statement.

To summarize: If something said in the advertising or labelling of a product affects whether the customer buys the product, then that becomes a relevant part of the contract and the product must conform to those statements. So if the sticker on the car says it is one owner, it must be one owner.

 

[^woody^]

s14 of the SOGA 79 deals with fitness [for purpose] and quality [of goods] and is not relevant in this instance

The relevant legislation would be the Consumer Protection from Unfair Trading Regulations 2008 - see regulation 5 - misleading actions and information

 

[Zampa]

I got caught by a dealer once...even though I had him bang to rights trading standards didnt want to know...legal aid..I earnt a pound to much and it took me over the limit to get help...the police..hmmm...goes without saying.. ...civil matter.

Stll..nothing that a good squirt of epoxy resin in the locks of three volvos, a renault 5 and his front and back showroom locks didnt sort out..!!!

 

[D_Hailsham]

s14 of the SOGA 79 deals with fitness [for purpose] and quality [of goods] and is not relevant in this instance

The relevant legislation would be the Consumer Protection from Unfair Trading Regulations 2008 - see regulation 5 - misleading actions and information

But quality is what at stake. A second hand car is of a different quality to a new car and a three owner car is of a different quality to a one owner car.

The problem, from the consumers point of view, is that there are so many interrelated pieces of relevant legislation that the average consumer is unable to find out what his rights are. The main pieces of relevant legislation are:

Trade Description Act 1968
Sale of Goods Act 1979
Supply of Goods and Services Act 1982
Consumer Protection from Unfair Trading Regulations 2008

There may be others and, knowing the current government's penchant for creating new legislation at the drop of a hat, probably are. The earlier Acts have been modified by the later ones, sometimes drastically, it is not easy to determine the current legislation.

To get back to the OP's problem, I suggest he contacts his local Trading Standards Department and ask for their advice on his rights. It's their job to keep on top of all changes to the legislation and they have considerable experience in dealing with this type of problem.

 

[Shytalkz]

...a three owner car is of a different quality to a one owner car...

Why would that necessarily be the case? One old fart driver, mainly small local miles, engine never warms up, revs the balls off it, slips the clutch incessantly, kerbs it; three good drivers, longer journeys, mainly motorway, not stop-start, never ride clutch, never kerb the wheels. Both same condition/service history. Which one would you go for?

 

[Steve69the69Gas]

Good point Shy- adequately made

P.S It's the old farts innit- bit of a decoke but loads less miles

 

[D_Hailsham]

...a three owner car is of a different quality to a one owner car...

Why would that necessarily be the case? One old fart driver, mainly small local miles, engine never warms up, revs the balls off it, slips the clutch incessantly, kerbs it; three good drivers, longer journeys, mainly motorway, not stop-start, never ride clutch, never kerb the wheels. Both same condition/service history. Which one would you go for?

I did not say that the three owner car was a worse quality than the one owner car; it could as you point out, be a better quality. The number of owners is just one of the many quality factors a purchaser has to consider.

SOGA 1979 says:

14 Implied terms about quality or fitness

(2)Where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract are of satisfactory quality.

(2A)For the purposes of this Act, goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances.

(2B)For the purposes of this Act, the quality of goods includes their state and condition ...

and the TDA 1968 says:

2 Trade description

(1)A trade description is an indication, direct or indirect, and by whatever means given, of any of the following matters with respect to any goods or parts of goods, that is to say—

(j)other history, including previous ownership or use.

 

[Bilioustrumpstaine]

Just take the car back and get a refund or a hefty discount if you like the car and want to keep it.

The dealer doesn't have a leg to stand on.

 

[Shytalkz]

I did not say that the three owner car was a worse quality than the one owner car; it could as you point out, be a better quality. The number of owners is just one of the many quality factors a purchaser has to consider.

I know you didn't, although the general inference seems to be "one owner good; three owners bad", when the reality is that it doesn't - or at least shouldn't - infer one way or the other. As such, where does SOGA come into it?

 

[HOGGY952]

A friend of mine is a car dealer and he buys his cars from reputable car auctions.

When he is sold a car that's described as one owner but later finds that its had three owners all he does is return the car and gets a full refund no problem at all.

You should have no problem getting a refund.

 

[namsag]

Mght be awkward after a year , check date

 

[HOGGY952]

Mght be awkward after a year , check date

oops

 

[wotan]

One previous owner does not count for much.

What about if it was an ex hire car?

one previous owner 3,000 different drivers all thrashing the guts out of the car.
Personally I would be happier with three previous owners, who have looked after the said car.

Wotan

 

[namsag]

Thrashing the guts out of rental cars never.
Did you know a 1.2 corsa will do over a ton on the clock . Surprised me