"Sold as Seen" car. Have I been done?

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AndyDub

Registered User
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I've read some similar threads here with varying experiences.
Basically I bought a car sold as seen in April, I had it checked out by a mechanic, got the all clear on the car. Car cost 4k.
Two weeks later, driving the m50, the water pump disintegrates and takes off the timing belt. Repairs cost 1200 as the engine was wrecked. Is there anything I can do to have the dealer pay for repairs. I still have a copy of the ad, it describes the car as being in perfect condition. It turns out that when the Timing belt was changed last Nov, the water pump wasn't.
 
He didn't mention sold as seen for no reason. People use that phrase basically to say: It's falling apart and if you buy it I an not liable, thanks. People wouldn't mention that unless they have a reason such as multiple problems as 1) It'll put a lot of people off 2) it'll lower the sale value. Really I don't think that the Dealer is liable as he said 'Sold as Seen'. Do the consumer rights such as good must be of merchantable quality and fit for purpose (to be driven) apply here? Or does the Sold as Seen cancel them out? Perhaps your mechanic is liable for missing these problems. Was the mechanic in some way associated with the dealer - he could have just ignored faults if he was.
 
The thing is I've thought all along there was nothing I can do about it. But I had a conversation with a different Car Dealer over the weekend and he told me 'Sold as seen' and no warranty applies/sale of goods act voided etc doesn't matter ( all this stuff is written on the invoice ) he told me the car has to be fit for what it was intended.
 
If it wasn't roadworthy you may have a leg to stand on. Sale of Goods and Supply of Services Act 1980 from my vague memories of school bus. org. states that the goods must be fit for the purpose intended. If it wasn't fit for driving at the point where you bought it then it would seem to be covered under that (the definition of that though ...). Whether or not they knew about it is not at issue, it is their responsibility. I don't think "sold as seen" exempts them from that provision unless the dealer specifically told you that it could not be driven unless x was fixed.
 
AndyDub said:
... It turns out that when the Timing belt was changed last Nov, the water pump wasn't.
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How did you find that out, was there an invoice that detailed the work?

Some manufacturers now use cheap plastic-impeller water-pumps which have the same life-span as timing-belts and need changing at the same time (some companies produce kits with all the parts needed - timing belt, auxiliary belts, water-pump, gaskets, etc.)

Your mechanic or the dealer should have advised you.
 
The guy who's repairing the car has told me the pump was not changed, so I'm going on his advice there. My neigbour ( another car dealer) has said if he gets a solicitors letter he just pays no issue rather than go to the small claims court, I might try that route!
 
Wasn't there something that you have to prove the damage was there before you bought it, as opposed to it happening in the time you had it ie. two weeks?
 
Based on the mechanic's statement to OP, it was a pre-existing defect .i.e. the water-pump had exceeded its service life, the mechanical equivalent of a bald tyre in the engine.

The useful lives of these components are usually measured in miles / kilometers driven or age of the vehicle and they are due to be changed at the mile-stone that occurs first e.g. 80, 000 kms or 4 years old
 
As its a Renault Sceninc, I knew about their timing belt issues and made sure it had been changed, so I was satisfied at that point to buy it. My question at this point is can I make the dealer pay for the repairs. I did expect to get more than two weeks out of a car that was advertised as being in "superb condition".
 
Sold as seen in any language implies, you are taking a risk with this purchase and the price reflects this. How can the dealer be responsible when he advertised this fact..What you are looking for is, is to have the best of both worlds. I do feel for you, but theres always a gamble with this type of sale, and No, Im not a dealer..
 
LS400 said:
... How can the dealer be responsible when he advertised this fact....
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Because the law says so.

This is copied from from the National Consumer Agency web-site listed above :

"Faults - repair, replacement, refund...
If you have a genuine complaint about faulty goods, you can ignore shop notices such as "No Refunds" or "No Exchanges".
Some shops display these notices during the sales. But remember that these kinds of notices cannot take away any of your statutory rights under the Sale of Goods Act... "

Despite any notices or notifications goods must be fit for purpose and of merchantable quality. No notice by a trader can remove a consumer's statutory rights.
 
There is a huge difference between "sold as seen" and "no refunds".

I hope that the law does not stop a car dealer from selling a faulty car. I would have thought that "sold as seen" really says "This car is only suitable for a dealer or for someone who wants a fixer-upper".

Brendan
 
Brendan said:
There is a huge difference between "sold as seen" and "no refunds"...
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I would argue that both are attempts to circumvent the consumer protections enacted in the Sale of Goods and Supply of Services Act and to attempt to place the consumer in the same position as if he or she had purchased goods at an auction.
 
Brendan said:
There is a huge difference between "sold as seen" and "no refunds".

I hope that the law does not stop a car dealer from selling a faulty car. I would have thought that "sold as seen" really says "This car is only suitable for a dealer or for someone who wants a fixer-upper".

Brendan
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Totally agree. You have to be able to sell faulty things somewhere. If you buy something basically advertised as faulty and it breaks due to its faults then you are just getting what you paid for. Not that I do not sympathise with the buyer, I do, but it was sold with no warranty and sold-as-seen then I don't see where you can argue. If the car was perfect and faultless then it wouldn't be sold-as-seen and would have been a great deal more expensive.
The dealer can assume that the buyer will rectify the faults themselves, I seriously doubt that they are liable. The sale of goods/services act also states that you are entitled to receive the good that you pay for (as described) and as far as I can tell, it was as described. . .
 
I always thought that 'sold as seen' was something for private transactions, and I am surprised at a dealer advertising in this way. If I were to sell my car privately, I would be very likely to say 'sold as seen' and invite the buyer to make their own checks as I am not a car expert of mechanic (although I would certainly mention problems I knew about). This would be to make sure there was no implied guarantee on my part.

But a car dealer is an 'expert'. What is the point of buying from a dealer in this case?
 
"Sold as seen" means the car needs works/is about to fall apart.

If some of the posts above are correct I can buy a car that is marked for scrap , then make the dealer fix it for me.
 
Trust me, I can see the point of view of the seller, and I had been resigned to taking a hit for the money, but now I've had another dealer tell me the contract I've signed doesn't mean anything and that above all I still have the right to receive the goods in working order for the use they were intended.
 
Brendan said:
There is a huge difference between "sold as seen" and "no refunds".

I hope that the law does not stop a car dealer from selling a faulty car. I would have thought that "sold as seen" really says "This car is only suitable for a dealer or for someone who wants a fixer-upper".

Brendan
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Thats really an interpretation and not at all how the car is described in the original advertistment. I wanted a family car, and I bought one which is described as such and described to be in perfect working order, its not what I ended up with.
 
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