Sale of Goods Act - What are your Rights?
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So you've just bought a brand new car and Wow, are you pleased with it! You've driven it out of the showroom it's amazing.
You go home, Wow! All the neighbours are looking at it. The following day you put the key in the ignition, you give it a twist, Bang! It won't go. Eventually it goes knock, knock, knock, knock, knock, knock, knock. So you're in the garage, they tell you to get the AA. You get the AA. Or the RAC or anyone of the whole variety of different ones, and they recover the car, and they discover that the engine's blown itself to bits.
Who’s at fault for this? There was a fault with it. The reason is immaterial; the engine's wrecked, It needs a new engine. Your brand new car needs a new engine! It’s twenty-four hours old.
What can you do about it?
Well the sale of goods Jack says that things have to be of satisfactory quality and fit for purpose. Well in circumstances like that, let’s face it, It's neither of those. You're entitled to rescind the contract; you're entitled to reject the goods take the car back, and get your money back. Simple. It's as simple as that, take the car back and ask the garage for your money back.
However what you're entitled to, and actually getting it out of the garage are going to be two separate things. You're entitled to your money back. You've rejected the car. It's within a reasonable period of time. It's for substantial fault. The chances of them actually getting that cheque book out, is going to be remote.
Very often what happens with the law, actually being entitled to something and getting it is something else altogether.
Fortunately the government have produced guidelines on second hand cars. Now, it’s no good spouting the guidelines saying “but the Guidelines say this” and “The Guidelines say that”, and “The Guidelines say the other”, and the reason is quite simple: Guidelines are not law, they're just guidelines.
Let me give you a slightly different scenario: You bring your brand new car home and you discover that the headlight’s cracked and it's not working. You wouldn't be entitled to rescind the contract for that, you couldn't take the car back. It has to be a substantial fault.
Not just a blown bulb.
Legal advice on your rights under the Sale of Goods Act from solicitor at [ Ссылка ]
