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When purchasing a second-hand car from a dealer it's my understanding that it will come with a guarantee. Do you know what the guarantee would cover?

If it is not roadworthy (brakes, steering, wheel bearings) even though there is a current WOF, is the dealer liable?

Duncan

From the "Ask Jack" archives - 14 December 2009

Vehicles sold by a registered Motor Vehicle Trader (MVT) for personal or domestic use are covered under the Consumer Guarantees Act.

This means the vehicle must be of acceptable quality including:

Fit for its usual purpose
Be safe and free of small faults (unless they were obvious or pointed out to the buyer prior to purchase)
Acceptable in look and finish taking into account age, condition and price
Able to take a reasonable amount of wear and tear taking into account age, condition and price
Be fit for any particular purpose made known to the MVT during the selling process

A Warrant of Fitness simply means the vehicle was deemed to be safe when inspected, and does not mean the MVT can claim a vehicle is of acceptable quality. A WOF does not include checks on engine and transmission performance for example.

If the buyer believes a fault exists which should be covered under the Consumer Guarantees Act then the MVT must be given the opportunity to firstly inspect (and agree on the fault(s) of concern) the vehicle and then be given a reasonable amount of time to carry out the necessary repairs.

If the MVT does not agree with the buyer and refuses to rectify the problem then an independent written report including costs to put the vehicle right should be sought from a qualified source by the buyer.

Another meeting with the MVT should then be arranged.

If the MVT still does not acknowledge the problem then you have several options available, the end of the line being taking a claim to the Motor Vehicle Disputes Tribunal.

Their contact number is 0800 367 6838.

The buyer should always keep accurate written records of their dealings with the MVT during any negotiation process.

Also, always make sure you ask to speak to the most senior person available when dealing with a MVT particularly if you feel you are getting the run around.

Remember also the purchaser has some responsibility to ensure they purchase a vehicle that fits and meets their needs and they do not use the seller as a way of backing out of making a bad decision.