Hi, I hope you can help me with Business Law question..

aurimas

Hi, please, help me with this question. Its related to Sales of Goods Law. Thanks very much!
Sam bought a second hand sports car from Max Motors Ltd. The car was advertised in the showroom as a ‘2007 model – excellent condition – a bargain at 33,000 euros’. Sam had decided not to buy the car but the garage proprietor brought the car to his house on five separate occasions to encourage Sam to purchase. To avoid embarrassment, Sam reluctantly agreed to purchase the car. After four weeks of driving, the car broke down and requires repairs costing 5,500 euros. Sam returned the car to the garage but the garage proprietor refused to repair or replace the car. The garage proprietor reminded Sam that he had signed a form acknowledging that the garage would accept no liability for the car once it left the garage premises. The garage proprietor has recommended that Sam takes the matter up with the manufacturer.
Advice Sam.
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tbh

do your own homework dude

aurimas

I am doing, but need some help..

Paulw

Contact a solicitor or contact SIMI.

Either should be able to help.

tbh

aurimas wrote: »

I am doing, but need some help..

fair play. what angle are you taking? It seems the the garage manager put a lot of pressure on sam to buy, could there be a law against that? What does the law say - can SAm take advantage of it?

Is it legal that the garage can say "once you've bought it, you have to go to the manufacturer" - is that covered by the sale of goods act? Are there any exceptions for cars in the act?

craichoe

aurimas wrote: »

Hi, please, help me with this question. Its related to Sales of Goods Law. Thanks very much!
Sam bought a second hand sports car from Max Motors Ltd. The car was advertised in the showroom as a ‘2007 model – excellent condition – a bargain at 33,000 euros’. Sam had decided not to buy the car but the garage proprietor brought the car to his house on five separate occasions to encourage Sam to purchase. To avoid embarrassment, Sam reluctantly agreed to purchase the car. After four weeks of driving, the car broke down and requires repairs costing 5,500 euros. Sam returned the car to the garage but the garage proprietor refused to repair or replace the car. The garage proprietor reminded Sam that he had signed a form acknowledging that the garage would accept no liability for the car once it left the garage premises. The garage proprietor has recommended that Sam takes the matter up with the manufacturer.
Advice Sam.
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Sam is an idiot if he spent 33,000 Euros out of embarrassment.

Oryx

craichoe wrote: »

Sam is an idiot if he spent 33,000 Euros out of embarrassment.

Sam is homework. I hope real people dont do stuff like that.

Sam Vimes

aurimas wrote: »

Sam bought a second hand sports car from Max Motors Ltd.

I did not!! I'll sue you for making such slanderous accusations :mad:

_Whimsical_

If you're doing this for a business law assignment do you not have to back up your answer with the relevant law? You might be better asking on the legal discussion forum :http://www.boards.ie/vbulletin/forumdisplay.php?f=633
(or looking up a book!!)

aurimas wrote: »

After four weeks of driving, the car broke down and requires repairs costing 5,500 euros. Sam returned the car to the garage but the garage proprietor refused to repair or replace the car. The garage proprietor reminded Sam that he had signed a form acknowledging that the garage would accept no liability for the car once it left the garage premises. The garage proprietor has recommended that Sam takes the matter up with the manufacturer.
Advice Sam.
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My take:

Your rights under the Sale of Goods Act are your basic statutory rights. You cannot sign these away in a contract. Any term within a contract that attempts to do that is not legally binding.

From http://europa.eu/scadplus/leg/en/lvb/l32022.htm summary of legislation:

Any contractual terms or agreements concluded with the seller which directly or indirectly waive or restrict the rights resulting from the proposed Directive are not binding on the consumer.

Sam's contract of sale is with the garage not the manufacturer. He needs to go back there and insist upon his rights under the Sale of Goods Act ie. repair,replacement or refund. If he has no luck at the garage he would be sucessful if he were to bring it to court.

Don't just take my word for it though. Check it out and find out yourself.

Nody

Admitt it Sam Vimes; you got the money from selling broken mobiles and refusing to refund! :pac:

To the OP; item was not as advertised and arguably not suitable for it's intended role and the contract is with a company. Sales of Goods act says tough luck for the garage who have to repair/refund/replace. Due to exceeding 15.000 SCC is not an option so that means solicitor to get it done.

Cabaal

Sam is a muppet and should grow a back bone - case closed :pac:

jor el

If you're doing some sort of business law course, then you should already be familiar with the Sale of goods and supply of services act, if not, I'd suggest starting there. Answers to your questions can be found on www.consumerconnect.ie too. Even a modicum of Googling would have found this.

Sam Vimes

Nody wrote: »

Admitt it Sam Vimes; you got the money from selling broken mobiles and refusing to refund! :pac:

Cabaal wrote: »

Sam is a muppet and should grow a back bone - case closed :pac:

you know me so well

/runs away sobbing

aurimas

Thanks, guys!
So, Im starting now the q and have 2 hours to finish...

dudara

Thread closed as not a Consumer Issue.

dudara