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preventing ass-hole from selling cars ever again

Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
in General Chat
is there a way, preferably without the expense of layers and stuff, from preventing a so called business man from selling dodgy cars under false-pretenses??? Or at least, an authority to report him too!!
Im asking bcos i dont think it's safe, and dont think it should be allowed, to sell people a car which ,very obviously to a car salesman who runs a garage, has a problem with its brakes. I then dont think anyone should be allowed to temporarily fix brakes (i.e. bodge them)!!! amongst other things!
:mad: :mad: :mad:
Thanx

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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Contact trading standards I guess.
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    Teh_GerbilTeh_Gerbil Posts: 13,332 Born on Earth, Raised by The Mix
    Police?
    Trading Standars?
    Hire a Hitman? :p
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    mmm, trading standards, will look into that - thanks!!!
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    damn it!! it says:
    You can take legal action under the Sale of Goods Act 1979 for up to six years after the date of the contract, but it is unrealistic to consider legal action for defects on used cars – especially older vehicles – once you have had them in use for a reasonable length of time.
    So i guess that means nothing can be done!! just really dont think this guy should be selling cars, he's gonna kill someone!!
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    just to say that BEFORE you buy a car you can get for someone from either AA or RAC to totally check the car over to ensure your getting your moneys worth and that the car is fully functional for a small fee, i think its about £50.
    but as for after sales, etc - not sure :yeees:
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    How much was the car? If it was only a couple of hundred quid, and the discs were warped, you'd have little comeback. But if it was a couple of grand, had a fresh MOT, and the calipers were leaking or something like that, then you'd have something of a case.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    sugar_mouse wrote:
    damn it!! it says:
    You can take legal action under the Sale of Goods Act 1979 for up to six years after the date of the contract, but it is unrealistic to consider legal action for defects on used cars – especially older vehicles – once you have had them in use for a reasonable length of time.
    So i guess that means nothing can be done!! just really dont think this guy should be selling cars, he's gonna kill someone!!

    I wouldn't say it's unrealistic. It depends what the defect is. I'm sad enough to know this, but I can't remember the case - if it's a serious defect e.g. faulty brakes / something making the vehicle unsafe, and the seller doesn't notify the buyer, I'm fairly sure you can make a claim up to 6 years after the date of the contract. If it's a minor defect, it would be allowed as it's a used car (although it wouldn't if it were a new car).
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Found it:

    Bartlett v Sydney Motors -
    Seller told buyer a used car had a defective clutch.
    Buyer purchased at reduced price.
    Defect became worse.
    Held: Second hand goods must confirm to the requirement of satisfactory quality. On the facts, the defect was made aware to B, therefore goods deemed to be of satisfactory quality.
    The test of whether goods are of satisfactory quality is the standard which the reasonable person expects of the goods of that kind, knowing the age and history of goods.

    So yeah, a major defect like faulty brakes should be made aware to the buyer by the seller - whilst the car is a used car, you wouldn't expect it to have faulty brakes upon purchase. You might expect problems to occur over time, though.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    It depends on the seriousness of the fault, and the value of the car. If it's something that is not dangerous - warped discs(which gives wheel judder when braking), noisy brakes(many disc brakes squeal a little when being applied), etc, are not a serious fault with the vehicle - hence you'd be unlikely to have any kind of recourse on a cheap car. However, on a car worth a couple of grand upwards, you could realistically expect the vehicle to be free from such 'faults', as the age of the car is likely to be newer, the consensus is that small defects should not be acceptable.

    Brakes can squeal even when nearly new - it isn't just when the pad thickness is getting to the limit.

    We'd have a much better idea of what possible action could be taken if we knew the age, overall condition, length of MOT, mileage and what the car cost.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    How did it go - any luck?
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Mac Sami wrote:
    The test of whether goods are of satisfactory quality is the standard which the reasonable person expects of the goods of that kind, knowing the age and history of goods.

    Common sense that, really.

    Contract law isn't the best recourse though, and it never has been. If you suspect something, contact your local trading standards office and raise your concerns with them.

    If he is selling vehicles that are not road-worthy then that is very much illegal, and it has nothing to do with contract litigation.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    Kermit wrote:
    Common sense that, really.

    You'd be surprised how many people lack common sense ;)
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