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Upset and concerned about a car sale.

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disgruntled
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Upset and concerned about a car sale.

Postby disgruntled » Thu, 23 Feb 2012 1:49 pm

I bought a 4 year old Nissan Sunny from a car dealer at the start of February for $40K, it was sold with the pretence that it was in 'Good Condition' I have since found a number of issues with the car and some have been resolved by the dealer very swiftly, others have not and they refuse to do so, only to pay me a meagre cash settlement of $500. This is a pathetic payment and frankly I am not sure what to do.

I have been to Case and they said I should first try to resolve the issue directly, I have tried but they are not understanding.

Am I likely to win anything at SCT, I am feeling very scared by the whole ordeal, I really need a good car and cannot afford the repairs otherwise.

I would truly just like to return the car now and forget the whole ordeal ever happened, otherwise I would like them to pay for all the issues to be resolved on the car.

Does anyone have any experience in this matter?

Thanks

Julie

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Postby nutnut » Thu, 23 Feb 2012 1:52 pm

Sounds like a right pickle, the lemon laws in Singapore are not coming in to play until September, not sure about your chance though. Maybe someone else could advise.
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Strong Eagle
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Re: Upset and concerned about a car sale.

Postby Strong Eagle » Thu, 23 Feb 2012 7:58 pm

disgruntled wrote:I bought a 4 year old Nissan Sunny from a car dealer at the start of February for $40K, it was sold with the pretence that it was in 'Good Condition' I have since found a number of issues with the car and some have been resolved by the dealer very swiftly, others have not and they refuse to do so, only to pay me a meagre cash settlement of $500. This is a pathetic payment and frankly I am not sure what to do.

I have been to Case and they said I should first try to resolve the issue directly, I have tried but they are not understanding.

Am I likely to win anything at SCT, I am feeling very scared by the whole ordeal, I really need a good car and cannot afford the repairs otherwise.

I would truly just like to return the car now and forget the whole ordeal ever happened, otherwise I would like them to pay for all the issues to be resolved on the car.

Does anyone have any experience in this matter?

Thanks

Julie


Was it sold with or without warranty? Your sale papers should say. If no warranty you can try and recover through SCT but your claims would be rather limited... you did agree that there was no warranty... and it would probably need to be egregious fraud to get a judgment.

OTOH, if you do have a warranty, I would immediately file a suit with SCT, and demand a discovery. Nothing like a legal document and the threat of legal action to move recalcitrant neer-do-wells into action.

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Postby disgruntled » Thu, 23 Feb 2012 8:48 pm

The sales agreement does not use the word Warranty on it in either way, however, it does imply warranty by the term
i) above mentioned vehicle is free from all encumbrances whatsoever and all details certified to be true and accurate.


The sales advert did state that the vehicle was in "Excellent condition" however, 3 of the issues are considered major by the inspecting garage and 2 are considered dangerous. They have also stated that although they said the vehicle was in excellent condition, they haven't checked the vehicle at all, just taken the word of the previous owner.

Do you think this is sufficient to take to SCT? I would be happy if they either agreed to fix the issues or I return it to them. I do not want to incur costs on a vehicle that I was lead to believe was in Excellent condition. I think that's fair don't you?

Thanks for the reply Strong Eagle.

Julie

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Postby Strong Eagle » Thu, 23 Feb 2012 10:09 pm

I'd spend the money to file... a reasonable risk proposition to put pressure on the blighters. Better yet, catch them saying something defamatory about you on tape, and file a defamation lawsuit as well.

Your "implied warranty" in Singapore doesn't mean much... people sell all kinds of worthless crap... like devices that get you 75 miles per gallon... clearly false advertising... and the hump to prove them wrong under Singapore law is very large.

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Postby carteki » Sat, 25 Feb 2012 2:46 pm

I think your chances of winning anything are slim. Cars are usually sold with the caveat "buyer beware". Never a good idea to buy a used car without obtaining your own certification as to the general condition of the car.

But as SE says - the threat of a lawsuit might just be what the seller needs to frighten him a little.

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Postby x9200 » Sat, 25 Feb 2012 4:16 pm

Go for SCT. I disagree with Carteki about your chances. That's why they introduce this still limited consumer law only few years ago to handle cases like this one. In SCT you will have a mediation stage. I would do it the following way:

1. go to STA or another inspection centre and get the evaluation of the car (~$S130) - for future, this is what you should have done before buying it
2. go to 2-3 reputable, authorized workshops and get quotations
3. send the quotations (copies) to your dealer and give them the choice of solving the issues or compensate in money (or return the car plus your expenses). Give them a fixed time to respond (i.e. 2 weeks). Inform them about the bases of your claim and what you are are going to do if they fail to fix the issue
4. If not effective file the claim. Request the least money option you got from the quotations plus all your related documented expenses (i.e. the evaluation). I am not sure if SCT will accept such pro forma claim but I think chances are there and it will only cost you your time (plus $S10-50).

From my experience going to the stage "3" with a letter containing some legal language is enough to start the wheels turning in a right direction.

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Postby ScoobyDoes » Fri, 02 Mar 2012 5:46 pm

Second Hand Car Dealers...... the same the world over and an Arfur Daily in them all.

I don't think you'd get anything from SCT unless you have an iron clad warranty (which you don't), though on second hand motors even if if you have one they typically are restriced to only mechanical parts.

For next time, as x9200 says, get the AA to do an inspection before purchase OR if the dealer thinks he has nothing to hide he'd usually agree to drive it around to your designated workshop for a third party inspection. My car was only 8-months old when I bought it and I had the dealer take it around to a workshop I'd worked with on my previous car...... no arguements whatsoever. Even at 8-months the car should be new but the devil on the shoulder begins to wonder 'Well, why is it up for sale so soon?'
'When Lewis Hamilton wins a race he has to thank Vodafone whereas in my day I used to chase the crumpet. I know which era I'd rather race in.'

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Postby zzm9980 » Fri, 02 Mar 2012 6:35 pm

ScoobyDoes wrote: 'Well, why is it up for sale so soon?'


Kiasu. Neighbor went and bought something better, so time to upgrade!


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