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problem with car garage

  • 06-03-2012 8:04pm
    #1
    slingshot88
    Registered Users Posts: 94 ✭✭


    hi all, my mother in law traded her car in a garage a 2 weeks ago, she wanted a smaller car,she done the deal and got a thousand euros along with her old car, the man in the garage said the car was "sold as seen"meaning no comeback on her behalf. already she has ran into a few problems,latest being and worst is a problem with the brakes(stopped working). she rang the garage and was told he bought her old car and that she did not actually buy the car of him(because it was a swap with cash her way) and that he is not obliged to fix it. is this true, or what can can be done in this situation? thanks in advance for any replys.


Comments

  • #2
    berrypendel
    Closed Accounts Posts: 365 ✭✭berrypendel


    slingshot88 wrote: »
    hi all, my mother in law traded her car in a garage a 2 weeks ago, she wanted a smaller car,she done the deal and got a thousand euros along with her old car, the man in the garage said the car was "sold as seen"meaning no comeback on her behalf. already she has ran into a few problems,latest being and worst is a problem with the brakes(stopped working). she rang the garage and was told he bought her old car and that she did not actually buy the car of him(because it was a swap with cash her way) and that he is not obliged to fix it. is this true, or what can can be done in this situation? thanks in advance for any replys.
    search


  • #3
    coylemj
    Registered Users, Registered Users 2 Posts: 25,532 ✭✭✭✭coylemj


    No it is not, she bought the car from the garage whatever way you look at it. It was a commercial transaction and not a private sale so there is an assumed warranty. The law is on her side so tell her to pursue it.


  • #4
    Milk & Honey
    Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    coylemj wrote: »
    No it is not, she bought the car from the garage whatever way you look at it. It was a commercial transaction and not a private sale so there is an assumed warranty. The law is on her side so tell her to pursue it.

    That only applies to a sale and not to a barter.


  • #5
    damo244
    Registered Users Posts: 40 ✭damo244


    Hi slingshot,did your mother in law sign any paperwork to this effect stating car was sold as seen if not she has a case,and even if she did sign the sold as seen the product ie car was not fit for the purpose intended as the breaks are vital on any vehicle so the garage in question must,A fix,B replace,or C refund,tell her to stick to her guns they gave her an unsafe,and unroadworthy car in exchange for hers.these garages should be named & shamed,bully boy tatics :mad: don"t let them away with it.hope you get sorted.


  • #6
    page1
    Registered Users Posts: 219 ✭✭page1


    damo244 wrote: »
    Hi slingshot,did your mother in law sign any paperwork to this effect stating car was sold as seen if not she has a case,and even if she did sign the sold as seen the product ie car was not fit for the purpose intended as the breaks are vital on any vehicle so the garage in question must,A fix,B replace,or C refund,tell her to stick to her guns they gave her an unsafe,and unroadworthy car in exchange for hers.these garages should be named & shamed,bully boy tatics :mad: don"t let them away with it.hope you get sorted.

    as this poster said regardless of what he said about the car being sold as seen he still has responsibilities under the sale of goods act.
    This was a sale not a swop or a barter as money was involved.
    Get your mam to contact the National Consumer Agency and they will help her. They have sample complaint letters on their website and if she wishes she can report him. This is dispicable carry on selling your mother a car with worn/faulty brakes.

    It is also an offence under the Road Traffic Act to sell a car that isn't roadworthy ( he put your mothers life and other road users lives in danger). She can report him to the Gardai. A mention of this to the guy might be enough to get him to fix the car without too much fuss.


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