Can I get my money back for a dud car.

[kendunlop]

I bought a car (Y reg) 3 months ago with a 6 month warranty. Now its back in the garage for a second time, this time with a seized engine and have now found out that the warranty only covers �500 max, so I will be getting a large bill. What comeback do I have on the garage misselling the warranty and selling a car which has broken down twice in 13 weeks. Can I claim my money back legally, or demand a replacement vehicle (if they have one which is acceptable). Is their a time limit in sale of goods act.

[voltr4m4x]

The first and most obvious question I need to ask of you is this: Did you read what the Warranty actually said at the time when you purchased the car ? If it clearly states that the amount covered is fopr a maximum amount of �500 then that's all you may claim under the terms of the warranty. Do also be careful here, because the Garage from where you purchased the car in the first place may counter-claim that the car was rendered in its present poor state through neglect or misuse on your part. It is never as straightforward as we seem to imagine. If, on the other hand, you have discovered that the Graage have sold you a car which you may claim to be unroadworthy then you are well advised to contact your local Trading Standards Department based at your local authority. Furthermore, in all cases such as this it is always best to have arranged for an examination of the vehicle by the RAC or AA before you took delivery of it; never trust a second-hand motor vehicle without first having had some expert advice as to its authentic condition. Under the Sale & Supply of Goods Act 1982, as amended, there is no strict time limit on which you may lodge your claim, but the procedure in getting to the stage of court proceedings is long and complicated. Best course of action in the first place is your local Trading Standards Officer.

[Stu Dent]

Depending on the circumstances you can reject the goods and claim a refund or repair under the terms of the Sale of Goods Act 1979. The Act provides that goods must be of satisfactory quality. A non exhaustive list of what makes the goods 'satisfactory' includes that the goods should be 'durable'. Three months before a seized engine? Doesn't sound so durable to me. But all the circumstances will affect your claim e.g. what was the mileage? Was it high? Had it been serviced regularly? A high mileage vehicle with little or no service history will give you less chance of a successful claim than if it's a low mileage vehicle with FSH. If you think you have a claim you could raise a small claims action.