Is the part ex to clear a worry?

[JamHam95]

Hi, I'm considering going to have a look at this Lexus from

2012. Just a bit concerned about the description the dealer has mentioned. Does anyone have any advice about the whole thing?

Advert is:

http://www.autotrader.co.uk/car-details/.

202408062585289

[Malc1]

That link doesn’t work for me ! 
Comes up “Lost page “ 
Malc 

[JamHam95]

Sorry Malc, this should work a bit better. Formatting was a bit iffy.

 

http://www.autotrader.co.uk/car-details/202408062585289

[Malc1]

Looks quite smart for a 12 years young Lexus …….. dealer doesn’t want to trade the car out nor put it thru’ the auction I’m guessing ….. but clearly you’d be buying it as a trade sale with zero warranty ….. he’s made that 100% clear 

Check authenticity if you can of all the Lexus and other service records ……. and check preventative maintenance done as appropriate ——- or not ! 
And be happy with the price you’re prepared to pay and it’s not a Cat write-off, stolen recovered whatever, flood damaged and all else to be checked over 

Assuming it’s had Lexus service history at some time and that might be available online from Lexus itself 

Others here will give you a better heads-up I’m sure 

Shame you’re such a drag away from Tonbridge in Kent ……. thinking an RAC or AA inspection aforehand 🤔

Good luck

Malc 

[Linas.P]

Generally, nothing special - somebody traded in the vehicle that does not meet criteria for particular dealer, so they basically offloading it as is, instead of preparing it and putting it on the forecourt. This being 137k miles car, it is possible that mileage alone is the reason, or perhaps that it is more than 10 years old. In other hand it may have something that is expensive to fix and they just don't feel like investing into it.

23 minutes ago, Malc1 said:

but clearly you’d be buying it as a trade sale with zero warranty ….. he’s made that 100% clear 

He can make it 200% or 1000% clear... this is not how it work. Regardless what advert is saying, any buyer has statutory right and any dealer has statutory responsibility to repair car after sale. So this statement can be ignored, if anything happens with the car, that has likely been pre-existing, or if car is found not to be road worthy after sale, the dealer is responsible. Just saying it has no warranty makes absolutelly no difference. 

The only way this would be true is if one dealer sells the car to another dealer (business to business) of the market, so called "trade sale", but in that case they would first need to confirm you are indeed dealer and you buying it for the business (not for personal use) and only then it could be "sold as it". 

Other option - they can say it is "spare or repair" and state what is wrong with it and sell it explicitly as basically bunch of parts and not as a "vehicle" without any suggestion it could be used on the road. In that case - yes, they don't need to warranty it.

But in all other circumstances - dealer sale to private customer for personal use is covered under law and dealer must provide warranty. Even if they asked you to sign the document saying that you agree that there is no warranty, that still does not count. Contract law 101 - any contract clause that is against the law is automatically void. 

[Beer]

That may well be true, but having a warranty and getting a dealer to honour it are two different things. How far away is this dealer and would you be able to return the car there easily?

I was also concerned about the state of the tyres. It looks to me as if they had perished in the one photo they included. Been left in the sun too long maybe? The photo is not great quality so I could be wrong. If anyone more informed could have a look. If they were that bad, why photo them for an advert?

There was no mention of this in the latest mot, so have they been swapped for a knackered set? ‘ Runs and drives’ does not necessarily mean roadworthy. 

[RONNIE W HODGEKINSON]

12 hours ago, Linas.P said:

Generally, nothing special - somebody traded in the vehicle that does not meet criteria for particular dealer, so they basically offloading it as is, instead of preparing it and putting it on the forecourt. This being 137k miles car, it is possible that mileage alone is the reason, or perhaps that it is more than 10 years old. In other hand it may have something that is expensive to fix and they just don't feel like investing into it.

He can make it 200% or 1000% clear... this is not how it work. Regardless what advert is saying, any buyer has statutory right and any dealer has statutory responsibility to repair car after sale. So this statement can be ignored, if anything happens with the car, that has likely been pre-existing, or if car is found not to be road worthy after sale, the dealer is responsible. Just saying it has no warranty makes absolutelly no difference. 

The only way this would be true is if one dealer sells the car to another dealer (business to business) of the market, so called "trade sale", but in that case they would first need to confirm you are indeed dealer and you buying it for the business (not for personal use) and only then it could be "sold as it". 

Other option - they can say it is "spare or repair" and state what is wrong with it and sell it explicitly as basically bunch of parts and not as a "vehicle" without any suggestion it could be used on the road. In that case - yes, they don't need to warranty it.

But in all other circumstances - dealer sale to private customer for personal use is covered under law and dealer must provide warranty. Even if they asked you to sign the document saying that you agree that there is no warranty, that still does not count. Contract law 101 - any contract clause that is against the law is automatically void. 

spot on..!!!

[cruisermark]

13 hours ago, JamHam95 said:

Hi, I'm considering going to have a look at this Lexus from

2012. Just a bit concerned about the description the dealer has mentioned. Does anyone have any advice about the whole thing?

Advert is:

http://www.autotrader.co.uk/car-details/.

202408062585289

GS450Hs with 4 wheel steering suffer from a rear wheel steering fault - Lexus will quote you 10K to replace the whole axle -  the older these cars get the higher the chance of this fault occuring.

have a read here:

 

[Linas.P]

2 hours ago, Beer said:

That may well be true, but having a warranty and getting a dealer to honour it are two different things. How far away is this dealer and would you be able to return the car there easily?

I was also concerned about the state of the tyres. It looks to me as if they had perished in the one photo they included. Been left in the sun too long maybe? The photo is not great quality so I could be wrong. If anyone more informed could have a look. If they were that bad, why photo them for an advert?

There was no mention of this in the latest mot, so have they been swapped for a knackered set? ‘ Runs and drives’ does not necessarily mean roadworthy. 

Well... yes. I am saying how it is legally. I had issues with used approved Lexus from a Lexus dealer and Lexus dealer was not at all happy to fix it at no cost. That was until I have provided all written notes (e-mail) proving what was agreed and told them that unless they fix it FOC I will sue them for miss-selling, then suddenly they were happy to fix it as "gesture of good will". I doubt there is any dealer of god's green earth that would raise the hand and say "yes, that is our fault we will fix it for ya", no they all all dismiss all the issues for as long as they can.

Everything you said it is true, I am just saying - selling car that is not road worthy is specifically a crime under the law in UK. Also sellers are broadly categorised in two categories - private or dealers. Private sellers must still sell road worthy cars, but do not need to provide any warranty, dealers must do not need to provide "warranty" either, but they are liable to fix everything that gone wrong with the car, as long as it is posible to reasonably prove it was "pre-existing".

Let's take example above - rear steering rack. If you buy above car and 3 years later you get this issue when car has another 30k miles on it, then I would argue dealer is off the hook. However, if they deleted the fault and sell you the car concealing the fact there is DRS code and then 2 weeks later you need a new rack for £10k, then they are the ones paying the bill, or they have to take the car back. And if they refuse, then trading standards + courts. I know it may not be easy, but I am just explaining legal standing here and that their statements on advert are incorrect.

That said - perhaps it is red flag and if one is not willing to go trough trouble. Yeah that is fair.