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Old 04.08.2020, 11:41
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Consumer rights used car

Morning all,

Does anyone know the general consumer rights when purchasing a used car?

I purchased one from a dealer for CHF12k and picked it up on 09-July, then on 24-July it had a breakdown which the dealer estimates is quite a serious problem requiring CHF6-7k to repair (to be fair, their prognosis of the problem seems to be accurate based on other 3rd party feedback I got, so they're not exaggerating that part).

It's a 1997 Jaguar, so I know these things can happen, but only 2 weeks after purchase painful.

Thanks all, have a good one...
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Old 04.08.2020, 11:44
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Re: Consumer rights used car

Did the dealer give you a guarantee?

Tom
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Old 04.08.2020, 12:35
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Re: Consumer rights used car

Hi Tom,

Their sales contract re that says:

quote
Guarantee. The buyer takes over the vehicle as seen and inspected. Warranty obligation for legal and material defects, in particular also such for direct and indirect damage as well as legal claims for change or reduction of the purchase price, is expressly waived by the seller, to the extent permitted by law. An other agreement requires written form.
unquote

Guess the key I need to know it what the actual law is in reference to the 'to the extent permitted by law' part is.
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Old 04.08.2020, 12:40
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Re: Consumer rights used car

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Hi Tom,

Their sales contract re that says:

quote
Guarantee. The buyer takes over the vehicle as seen and inspected. Warranty obligation for legal and material defects, in particular also such for direct and indirect damage as well as legal claims for change or reduction of the purchase price, is expressly waived by the seller, to the extent permitted by law. An other agreement requires written form.
unquote

Guess the key I need to know it what the actual law is in reference to the 'to the extent permitted by law' part is.
It looks like you're up the creek without a paddle.
I wish you all the best but it looks like this is going to cost you and only you. Maybe the dealer could knock off a bit of the price out of goodwill, but it's a 23 year old car.
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Old 04.08.2020, 12:40
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Re: Consumer rights used car

Basically, there is no warranty at all.

Tom
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Old 04.08.2020, 13:03
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Re: Consumer rights used car

Still, 2 weeks driving in an old Jaguar without breakdown is not bad.
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Old 04.08.2020, 13:03
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Re: Consumer rights used car

Do you have legal cover on the car insuarance? Giving them a call may clarify the situation.


How many km's did you drive before it croaked?
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Old 04.08.2020, 13:06
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Re: Consumer rights used car

You bought the vehicle "ab Platz", no warranty given. If you buy such a car from a dealer you know it has at least some issues.

The bare legal minimum in such circumstances is that issues known by the seller but fraudulently withheld would be covered.

Even if there were an actual warranty, the question that remains if it was an actual existing defect or just a issue with spontaneously happened due to wear and tear or other circumstances. For example a timing belt which jumps over would not be covered.
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Old 04.08.2020, 13:06
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Re: Consumer rights used car

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Morning all,

Does anyone know the general consumer rights when purchasing a used car?

I purchased one from a dealer for CHF12k and picked it up on 09-July, then on 24-July it had a breakdown which the dealer estimates is quite a serious problem requiring CHF6-7k to repair (to be fair, their prognosis of the problem seems to be accurate based on other 3rd party feedback I got, so they're not exaggerating that part).

It's a 1997 Jaguar, so I know these things can happen, but only 2 weeks after purchase painful.

Thanks all, have a good one...
Unless you can do DIY repairs do not own an old Jaguar in CH, their labour rates are 250 plus an hour & you will pay far too much for the parts.

What is actually wrong & what is the dealer suggesting the do?
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Old 04.08.2020, 13:56
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Re: Consumer rights used car

Realistically now, who in their right mind would underwrite a warranty for a '97 Jag?

And even the most pro-consumer law could offer coverage for 20+ year-old cars...
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Old 04.08.2020, 14:10
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Re: Consumer rights used car

That’s an awful situation you find yourself in. A real kick in the ass so soon after buying it. As others have said you bought “as seen” with no come back. Keep in mind, with pretty much any old 'prestige' car you are going to have significant repair bills.

As for a 23 year old Jag, you don’t really buy them, you borrow them from your mechanic.
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Old 04.08.2020, 14:48
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Re: Consumer rights used car

Little late now but I'd never buy a car from a dealer unless I can negotiate it to private sale price territory.

Dealer warranties in this country are a joke even for 3-4-5 years old cars. They cover nothing and will use every possible clause to get out of paying for repair.

You have much better chance buying from private individual, at least you can budget for future repairs so no nasty surprise later.

How much is the Jag from private individual, probably 5-6k in decent condition?
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Old 04.08.2020, 18:23
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Re: Consumer rights used car

You may possible find a small garage who likes messing with Jags, there's one in our village.

I bought a Jag a few years ago from a dealer (F-Type) after some haggling 12 months' warrantee cover was included. Not from the dealer but a specialist company.

I needed it too. 4 years old and had only 8,000 miles on the clock and the rear differential started leaking oil. Fixed FOC under warrantee...

Added: and 12K for a 1997 Jag of any kind is a lot (unless it was an E-Type)
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Old 14.08.2020, 17:03
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Re: Consumer rights used car

Any update?
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Old 15.08.2020, 02:30
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Re: Consumer rights used car

whether there's a warranty or not, or whether it's "sold as seen" or not there are sometimes legal responsibilities on dealers to sell items "fit for purpose" and a lot also depends on how the car was described i.e. "in good condition" often can imply a guarantee, but, this is Switzerland where consumer protection is poor. If this were the UK you'd probably have a case.
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