Member Since: 12 Mar 2016
Location: West Yorkshire
Posts: 11
Consumer Rights Act 2015 - would this qualify?
Hi all
Not sure I've posted this in the right section (please feel free to move if not).
I bought my D3 10 days ago from an independent car trader. 3 days ago, I noticed an oil patch on my (previously unmarked) driveway. I took it to a local mechanic who advised me that it's leaking oil from the turbo, quite badly.
The trader's website says "Please buy with confidence .. All our vehicles come with a standard warranty which can be upgraded and extended" - which suggests to me that they should be liable right now, with the warranty company taking the reins after the trader's warranty ends.
I bought a 2-year warranty with the car, but in this case, I feel as though the trader should be responsible for rectifying this fault under the Consumer Rights Act (which replaced the Sale of Goods Act). The Act states that you're not entitled to any recourse if you inspected the car and should've spotted the problem. Would this qualify as something like that, do you think?
They're basically your typical car salesmen and I expect that they'll try to worm their way out of fixing the car - this is one angle I suspect they might try to use, so I'd appreciate any advice.
Yes of course they should sort it - but you'll make life difficult if you start taking it elsewhere, just give them the opportunity to resolve the issue - if they can't then it's up to you to either go elsewhere or reject it.
"Sold as seen" if that appears on any motor vehicle bill of sale can simply be ignored these days.
21st Mar 2016 1:01 pm
lynalldiscovery
Member Since: 22 Dec 2009
Location: Maidstone
Posts: 7274
Iirc its 3 months minimum no matter what the car salesman tells you.
When I bought mine the sales guy was a bit perturbed I didnt want to but a waste of time warranty!
Yes, it definitely applies, regardless of any warranty. If needed, you currently have the right to reject it in full, so if they don't yield at first, threaten them with that. Current: Discovery 3 06MY (55 reg) HSE Auto Zambezi Silver Allisport Fast Road Intercooler, V8 Brakes, Silicone IC Hoses, EGRs Blanked, Remapped, De-Cat pipe, FBHIC
Freelander 2 2007 HSE Manual Tambora Flame
Previous: FL2 56 reg SE Manual Black (written off )
Disco 3 06 reg B7S Manual Rimini Red
Disco 2 TD5 Y reg ES Manual Blue - Chipped
Several Discovery 300 TDis
21st Mar 2016 3:01 pm
NorthernMunky
Member Since: 12 Mar 2016
Location: West Yorkshire
Posts: 11
Thanks everybody - I wasn't sure if this was one of those faults that I 'should have noticed' (the glass roof is also quite badly cracked, no idea how I missed that, but I did - I'm gonna have to take that one on the chin haha!).
On the basis that the trader should certainly have been aware of and told you about the roof, I think that is also their responsibility. It may be easy to see when you look for it, but I think it's a reasonable expectation that you do not need to look for something like that when buying from a trader and the onus is on him to inform you as it's a major structural issue. In fact, he probably oughtn't be selling it like that full stop.
All things considered, I would be rejecting it right now. The roof is not a good sign that the car's been looked after, so I would take the opportunity the turbo has thrown to easily reject it and run...
Current: Discovery 3 06MY (55 reg) HSE Auto Zambezi Silver Allisport Fast Road Intercooler, V8 Brakes, Silicone IC Hoses, EGRs Blanked, Remapped, De-Cat pipe, FBHIC
Freelander 2 2007 HSE Manual Tambora Flame
Previous: FL2 56 reg SE Manual Black (written off )
Disco 3 06 reg B7S Manual Rimini Red
Disco 2 TD5 Y reg ES Manual Blue - Chipped
Several Discovery 300 TDis
As there's a few faults coming out of the woodwork, don't dash back and get them sorted - because you can be sure others may well appear - if the faults keep mounting up you'll then be more easily convinced that rejection is the best course of action.
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Allisport Fast Road Intercooler, V8 Brakes, Silicone IC Hoses, EGRs Blanked, Remapped, De-Cat pipe, FBHIC
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