lemon/misrepresented second hand car, any recourse?

[CcL]

Hey guys,*Need some advice on a car i purchased 10.5 months ago. It is a 2001 continental car. I was told that car was well maintained and overhauled 4 years ago and top overhaul 2 years ago. Mileage still under 180k when i got it.

Car was purchased from a workshop that services this make of car and all service/repairs done by them were recorded. They were the broker for their customer.

Now my car broke down. Initially said head gasket burnt, changed it but coolant still leaking into engine. So say skim block, today call say block is f***ed, some leak or hole (will update when i check it out). New engine block is the only way.

My question is do i have any recourse in buying a lemon second hand car that was misrepresented? They serviced that car for 5 years including opening the engine up, twice. Any angles i can bring up a case? I've got written records of all services done.

Looking at consumer tribunal mainly. What is the amount limit there?Hope for any input from fellow lawyers and sifus. Do i have a case or am i shit out of luck? Cheers

 

[LesleyAprotto]

Sorry to say that i think you need professional advice from your lawyer in order to proceed the case..

If the seller is a reputable company, you have a good chance....

If its a small company, chances are not that good...

Anyway, find a good lawyer and fight for it!

Good luck!

 

[kazukimy]

Paging sifu Danz....


IMHO, anyway based on the condition as of 2nd car, no matter wat representation being imposed by the seller, the risk is still there, u can try ur luck wif tribunal. As misrep, u need to fulfill some requirement, that u relied on the representation, the person was of in the position of capable of representing, and u suffered lost due to the misrep.
however there is a relevant case of agreement/sales that had gone sour aka lemon in ur case doesnt giv the right for the contract to be void, if nt mistaken...

tunggu sifu danz

 

[LesleyAprotto]

Paging sifu Danz....


IMHO, anyway based on the condition as of 2nd car, no matter wat representation being imposed by the seller, the risk is still there, u can try ur luck wif tribunal. As misrep, u need to fulfill some requirement, that u relied on the representation, the person was of in the position of capable of representing, and u suffered lost due to the misrep.
however there is a relevant case of agreement/sales that had gone sour aka lemon in ur case doesnt giv the right for the contract to be void, if nt mistaken...

tunggu sifu danz

Kimy,

Danz a lawyer ka?

 

[kazukimy]

Danz got exp in tribunal claim......

and lawyer fees dun come cheap too...

 

[vr2turbo]

Danz got exp in tribunal claim......

and lawyer fees dun come cheap too...

Bro. Danz had case with one workshop.....

But the car don't sound good, when TS mentioned 4 years ago overhauled and 2 years later top overhaul again???

 

[kazukimy]

well imo, he cant even claim anything due to the risk of buying 2nd car and its been years since he brought up the matter,
nw depend on tribunal whether they really wanted take on the case or not, if they take up the case, good for TS, as usually they will side consumer, if nt, no choice, sell the car and look for other car,...

TS - max claim is 25k from consumer tribunal

 

[vr2turbo]

Yah! Car already 11 months old. Maybe can take up case on the repairs, since telling him one case after another.....

 

[^pomen_GTR^]

errr....twice major repair within 10 years is pretty scary story in the first place...... :hmmmm:

 

[kazukimy]

Just for arguement sake (im bored)

in which they can claim, continental car tat TS purchased was of infamous for parts broken down, it was of parts defect, misrep is where the sales advisor claim the car is of free from any mechanical failure or some sort (only oral den hard to argue), maybe can fall under collateral breach, but den abit hard to prove.

(Car was purchased from a workshop that services this make of car and all service/repairs done by them were recorded. They were the broker for their customer.)

with this, they can claim that they had maintained the car well, that of the 'mishap' happened not due to the misrep from them but of just pure bad luck that the car to have so many issues occured. The car was 2001, which is 11 years ago, aged car were proned to breakdown.

 

[DanzEterna]

yes u can bring this case to tribunal, but who u wanna clain against?
if the workshop then ok. u bring your car to another workshop get it fix till tip top condition,
then keep the reciept. that reciept u will use in the tribunal.

the down side is that u need to fork out your own money 1st for the repairs. then claim
from the other party later on.

but doesnt mean u will win, cos the other party may argue that u bought the car 10.5 mths ago...many incidents may have been caused by u during that period. if u bought the car then 2-3 week failure then able to claim la.

---------- Post added at 02:32 PM ---------- 6 hour anti-bump limit - Previous post was at 02:31 PM ----------

Kimy,

Danz a lawyer ka?

if im a lawyer im driving a BMW edi....not perdana leh hehe....
just a factory worker only.

 

[CcL]

yup sounds like it... went to check out the engine block today. Its the piston orifice (where the piston sleeves goes into) that is uneven/senget/out of alignment not just the sleeves alone. WTF?! I guess bad luck then cause nothing much I can argue about here... or am I wrong?

 

[LesleyAprotto]

yes u can bring this case to tribunal, but who u wanna clain against?
if the workshop then ok. u bring your car to another workshop get it fix till tip top condition,
then keep the reciept. that reciept u will use in the tribunal.

the down side is that u need to fork out your own money 1st for the repairs. then claim
from the other party later on.

but doesnt mean u will win, cos the other party may argue that u bought the car 10.5 mths ago...many incidents may have been caused by u during that period. if u bought the car then 2-3 week failure then able to claim la.

---------- Post added at 02:32 PM ---------- 6 hour anti-bump limit - Previous post was at 02:31 PM ----------



if im a lawyer im driving a BMW edi....not perdana leh hehe....
just a factory worker only.

Danz,

Sorry to have offended you....

Hope you wont drag me to the tribunal for intimidating you...

hahahahaa.......:proud:

 

[DanzEterna]

CcL,
its pure bad luck, nothing much u could do though as it has been 10.5 months edi....all u can do is learn from mistake the hard way,
like me & some of us here in this forum. in future when u purchase another 2nd hand car, be ensure to bring a reliable & experienced foreman along with u to check the car thoroughly.

 

[kazukimy]

lesley, sorry no cure, in order to appease sifu Danz, u need to belanja 'US' for TT session, muehehe