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19 replies to this topic | 40 praises

#1

Posted 03 March 2018 - 05:39 PM

Jeffie
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Dear all,

Sincerely need some advise here.

I had recently bought a 2nd hand car from a dealer.

The background story:

-Dealer mentioned that he is helping his friend to sell the car, but the car is alr transferred to his company's name, hence it's not consignment.

During the discussion, the dealer told me that the car owner will give me 3 months warrenty for major parts (The dealer, the so called car owner and I were present.)

-Dealer agree to send the car a workshop for check before I buy the car.

- During the check, there's some issue w the car, and "the car dealer" agrees to bear the cost for it and void the 3months warrenty.

At that point of the I was not concerned about the 3 months warrenty as the car was alr under the dealer's name, I will be protected under the lemon law.

So what happened now (3weeks after I took over the car) is that there's issue w the engine and required a overhaul.

The dealer do not want to bear the responsibility and tweak his words saying that it's a consignment from the owner.

The cheque for the downpayment was payable to the dealer, and the Loan was also done by the dealer.

So my question is, if I bring this case to SCT, will I be protected under the lemon law and able to seek the damage from the dealer?

Edited by Jeffie, 03 March 2018 - 05:40 PM.


#2

Posted 05 March 2018 - 11:54 PM

BabyBlade

Started a thread for you. Hope you can get some useful info here. All the best!


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#3

Posted 06 March 2018 - 07:27 AM

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Have to look at what documentation was signed and what was agreed upon on paper.

 

Pre-purchase check

- was this a paid service invoiced to you and was there a report detailing what was checked and what was defective

 

Post-purchase check

- what other defects were highlighted and was there a report detailing what was checked

 

Was it clearly stated that it was consignment sales in the sales agreement ?

 

Gather all the relevant documents for SCT to review. If there are no available documents on the checks done by the two workshops, perhaps should get one done by AA, STA or Vicom. 

 

My $0.02


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#4

Posted 06 March 2018 - 08:31 AM

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This part of what you have shared is very important 'During the check, there's some issue w the car, and "the car dealer" agrees to bear the cost for it and void the 3-month warranty'.

 

If you have agreed to this arrangement, then how can you now change your stand. I am no expert but this is a 'private treaty' sale with the above condition. Unless it specifically states the void is only applicable for the specific repair.  :a-aggressive: 


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#5

Posted 07 March 2018 - 08:31 AM

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This part of what you have shared is very important 'During the check, there's some issue w the car, and "the car dealer" agrees to bear the cost for it and void the 3-month warranty'.

 

If you have agreed to this arrangement, then how can you now change your stand. I am no expert but this is a 'private treaty' sale with the above condition. Unless it specifically states the void is only applicable for the specific repair.  :a-aggressive: 

 

unless can show proof that the dealer had full knowledge and intend to sell a lemon disguised as a consignment sale. Very very difficult.

 

Else no way out..

 

less then SGD 0.02 opinion.


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#6

Posted 07 March 2018 - 08:35 AM

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The best way is to engage  a Lawyer to send a Letter of Demand for restitution.


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#7

Posted 07 March 2018 - 08:43 AM

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You mentioned the car owner gave you 3months warranty for major parts. Is it in the agreement that the 3 of you signed?

 

If it's the owner giving you warranty why you go to the dealer?


Too much to think about...

#8

Posted 07 March 2018 - 08:58 AM

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This part of what you have shared is very important 'During the check, there's some issue w the car, and "the car dealer" agrees to bear the cost for it and void the 3-month warranty'.

 

If you have agreed to this arrangement, then how can you now change your stand. I am no expert but this is a 'private treaty' sale with the above condition. Unless it specifically states the void is only applicable for the specific repair.  :a-aggressive: 

Actually the quote clause got is not legal binding unless the car is on consignment or owner sell to you direct, you can go to case to claim from the 2nd hand car dealer under lemon law which stated that 2nd car dealer need to provide 6 months warranty for cars they sell.


Tailgater and road hogger, please stay away from me. Queue cutter, please cut queue behind me.

#9

Posted 07 March 2018 - 09:29 AM

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The best way is to engage  a Lawyer to send a Letter of Demand for restitution.

 

Not many have deep pockets to fork out 550 dollars for the first visit to the lawyer.

 

The small claims court is now online.

 

So, not sure if you met all the TnCs.

 

Probably 20 dollars and some work on the individual to craft out a letter to the car dealer with a Registered Mail + an Email + a Whatsapps message to show 2 ticks read will suffice to have a sit down session on remediation at the court of appeal.

 

At least give you a tad more bite then case.



#10

Posted 07 March 2018 - 09:36 AM

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Not many have deep pockets to fork out 550 dollars for the first visit to the lawyer.

 

The small claims court is now online.

 

So, not sure if you met all the TnCs.

 

Probably 20 dollars and some work on the individual to craft out a letter to the car dealer with a Registered Mail + an Email + a Whatsapps message to show 2 ticks read will suffice to have a sit down session on remediation at the court of appeal.

 

At least give you a tad more bite then case.

Choice is up to the individual.

 

Bite the bullet and invest $550 to engage  a Lawyer, or go through a long teething procedure with Small Claims which will take up a lot of your personal time.



#11

Posted 07 March 2018 - 03:35 PM

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As long as the car is transferred out from a dealer to you, unless its on the same day with regards to loan else dealer cannot say consignment.

 

If you have seen the log card in dealer ID as the owner ID then it is his stock, he cannot evade Lemon Law.

 

All these said, question is what car is it and how long more COE has it got left. These are some pointers if the case escalate to SCT for mediation. 



#12

Posted 07 March 2018 - 04:28 PM

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The golden question: is this a vw?

Rarely heard of car engine needing an overhaul man.

#13

Posted 07 March 2018 - 04:54 PM

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Drive the bloody car right into the dealer office and tell them you want to show them the problem but due to engine failure, you cannot stop in time, that's why CRASH !

Some of this dealers really sai.... finding loopholes to siam... so many patterns



#14

Posted 08 March 2018 - 08:29 AM

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Choice is up to the individual.

 

Bite the bullet and invest $550 to engage  a Lawyer, or go through a long teething procedure with Small Claims which will take up a lot of your personal time.

 

well, it is serve both ways in this case. Leychay to car dealer who sold to him/her as well. In these case, from my point of view, the dealer cannot use the usual flavour of the month , which is longer then 14 months.

 

Small claim court will chew up the dealer time and may help to influence a faster decision.

 

Normal time from online application to mediation is 5 weeks as compared to getting a legal letter out to going to court is 14 months just to hear your case.

 

Majority of the problem I see in legal pursuit is too many viewing of TV drama. Its most likely you be having a long drawn affair. Worst case is the dealer wind up the biz before even going to court and next day you see the same person at the used car lot with another company name at the same spot.

 

Most used car dealers are very familiar with the legal aspect that it takes a long time for a civil suit.

 

Unless you have deep deep pockets, its going to be good money thrown after bad money . 


Edited by Sdf4786k, 08 March 2018 - 08:36 AM.

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#15

Posted 08 March 2018 - 09:32 AM

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Not many have deep pockets to fork out 550 dollars for the first visit to the lawyer.

 

The small claims court is now online.

 

So, not sure if you met all the TnCs.

 

Probably 20 dollars and some work on the individual to craft out a letter to the car dealer with a Registered Mail + an Email + a Whatsapps message to show 2 ticks read will suffice to have a sit down session on remediation at the court of appeal.

 

At least give you a tad more bite then case.

to me lemon law will be effective only to big AD or Dealer. those small one.. you can forget about lemon law. the most i close shop and run away. no impact on them..

some bro suggest get lawyer and go court etc. spend more money and no guarantee outcome to your advantage. drag another 6 mths to a yr.. might as well suck thumb and move on..and sell away. take it as a lesson learned. sorry but this is my view, i maybe wrong. 

try to go for those more establish dealers like those related to the AD..  safer...



#16

Posted 08 March 2018 - 09:46 AM

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Drive the bloody car right into the dealer office and tell them you want to show them the problem but due to engine failure, you cannot stop in time, that's why CRASH !
Some of this dealers really sai.... finding loopholes to siam... so many patterns

You think it's that easy?

#17

Posted 10 March 2018 - 07:22 AM

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Dear all,

Sincerely need some advise here.

I had recently bought a 2nd hand car from a dealer.

The background story:

-Dealer mentioned that he is helping his friend to sell the car, but the car is alr transferred to his company's name, hence it's not consignment.

During the discussion, the dealer told me that the car owner will give me 3 months warrenty for major parts (The dealer, the so called car owner and I were present.)

-Dealer agree to send the car a workshop for check before I buy the car.

- During the check, there's some issue w the car, and "the car dealer" agrees to bear the cost for it and void the 3months warrenty.

At that point of the I was not concerned about the 3 months warrenty as the car was alr under the dealer's name, I will be protected under the lemon law.

So what happened now (3weeks after I took over the car) is that there's issue w the engine and required a overhaul.

The dealer do not want to bear the responsibility and tweak his words saying that it's a consignment from the owner.

The cheque for the downpayment was payable to the dealer, and the Loan was also done by the dealer.

So my question is, if I bring this case to SCT, will I be protected under the lemon law and able to seek the damage from the dealer?

Look like a "new pattern" to avoid the lemon law.

 

"Owner's excuse -  Not my problem as car already transferred to dealer."

 

"Dealer's excuse -  Not my problems as only help friend to sell his car."

 

But TS....did you agreed "void the 3 months warranty" ???



#18

Posted 10 March 2018 - 04:53 PM

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if i need to deal with 2nd hand dealers, i always have the prospective their are out to eat me.

so i try to minimize the damage.

 

that said, for this case, maybe ts can try asking around if got any lawyer friends for help. or go solo and fight the battle with SCT.



#19

Posted 12 March 2018 - 06:25 PM

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How do I know that the used car for sale is not registered as "Private Hire Scheme".



#20

Posted 12 March 2018 - 07:14 PM

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Dont waste time talking among yourselves. TS is not going to reply... so many question not a single reply.

Edited by Pocus, 12 March 2018 - 07:15 PM.



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