Rosco,
Unsure if the purchase was in Scotland or England?
The following is based on English law and will be similar in Scotland. It is based upon personal experience:
Sale of Goods Act 1979:
It is helpful to be aware of Sections 14 and 48 of the Sale of Goods Act 1979. The act relates to the fact the consumer has a right to expect quality, fitness for all the purposes supplied, freedom from minor defects and a reasonable expectation for repairs to have been undertaken within a reasonable time without causing significant inconvenience. If these things are not the case with your purchase you can assert non conformity to the contract of sale within the period of six months from the date of purchase.
References to ‘caveat emptor’, meaning ‘let the buyer beware’:
If you buy a car from a *private seller* 'let the buyer beware'. You have fewer legal rights, so make sure you inspect the car and know what you are buying. You will only be able to claim against the previous owner if he/she lied, for example about its age or mileage. You will not be able to claim where there are faults with the car.
However, buying from a motor trader (or dealer) is a different matter and you have greater rights -
'Wear and tear':
A seller is not responsible for fair wear and tear, so you cannot claim goods are unsatisfactory just because they've become a bit worn over time. For goods to be unsatisfactory they need to be faulty when you bought them, even if you didn't discover the fault until later. If the goods don't last as long as they should, this suggests that they were faulty from the beginning.
** If a defect is detected within 6 months, it is presumed that the defect existed at the time of sale or delivery, unless the seller can prove otherwise. **
Whilst better to do so, *** you do not have to examine items before buying them. This means that if you haven't spotted something wrong before buying an item, you can still claim it is not of satisfactory quality. This applies even if you would have spotted the defect if you had examined it closely ***. However, if you don't complain quickly, you may have to accept a repair, replacement or partial refund, rather than a full refund.
More information on the S of G.A can be found on this link:
http://www.legislation.gov.uk/
This UK Citizens Advice Bureau link is also another helpful source of information on UK Consumer Law:
http://www.adviceguide.org.uk/england/cons...ucts_e.htm
Hope this assists and good luck
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