Member Since: 07 May 2009
Location: lightwater
Posts: 1111
Disc/pad horrors - advice required!
I bought my D3 just over a month ago from a local dealer. He's the sort of guy who sells via Exchange and Mart, keeps his stock in a warehouse but is nonetheless a registered dealer. The D3 was described as in excellent condition, and I was told it didn't need a service yet etc etc. Since purchase I've done 1,100 miles in it.
The car had been pulling to the left slightly, so I got the local HiQ depot to check it. They told me it needed four new tyres, and that the front discs/pads were completely shot.
Well, I had everything done at AJS today as it was clear that the state of the brakes were such that they were plain dangerous. Whoever did the work before hadn't replaced the wear sensor, can you believe (expecting the answer 'yes' . Three of the four tyres were on the bar limit and one had wear to the nearside to the extent that there was no visible tread. I know I should have checked properly, but I'd assumed the dealer had prepped the car thoroughly.
Now what I need to know is the liability of the dealer for selling the car in this condition. If it was a private buyer it's caveat emptor, but if anyone has had any similar experiences I'd be glad to hear how it went.
Now what I need to know is the liability of the dealer for selling the car in this condition.
I think this will depend totally on the 'dealer'. If he's a good'un, he might accept some sort of liability, but without the 'LR Approved' sign then the onus would probably have been upon you at the time of sale. Was the car fit for sale then or not? If it was, then there is no way of proving that you haven't spent the past 1000 miles with your foot on the brakes all the time. I'd suggest that this is the price you pay for not buying from a LR dealer and that the hassle isn't worth it if he is not going to accept any of this at the first pass. The older I get, the more I realise that people confuse wrinkles for wisdom
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Talking to the dealer is the place to start. If that fails, then go to trading standards.
Oh, and you kept the worn parts didn't you?I know it's not considered "kind" to say no these days, but no. Just no, ok? And if it's not ok, still no.
24th Jun 2009 2:29 pm
blowpipe
Member Since: 07 May 2009
Location: lightwater
Posts: 1111
Thanks all; I kept the parts pictured. The other tyres were just about legal, so I won't quibble about them.
Most of those miles have been motorway, but can't prove it, so I get your point. Also take the point that a Landrover dealer would have been a better bet, but I couldn't afford the extra three or four grand at the time!
I was just wondering what legal obligation the guy has as a dealer selling on a dangerous vehicle, if indeed the informed opinion is that the condition of the parts make it dangerous.
Q7. What can I do if the car I was sold or which has been returned following work has serious safety defects?
Where a vehicle is sold with serious defects which might give cause for concern over its safety, the seller may have committed a criminal offence under section 75 of the Road Traffic Act 1988.
The Act states that no person shall sell, offer for sale or supply, or expose for sale, a vehicle deemed to be unroadworthy, unless the seller can prove that he had reasonable cause to believe that the vehicle would not be used on the road until it had been made roadworthy. “Supply†in this context may also be taken to mean return after servicing or repair. Though it would ultimately be for the courts to decide on the interpretation of the Act in any given set of circumstances. Furthermore, the Road Traffic Act 1991 requires dealers to make safety checks on their vehicles by requiring them to identify any unroadworthy vehicle they are offering for sale. The Road Traffic Acts are enforced by local authority trading standards departments.
I know it's not considered "kind" to say no these days, but no. Just no, ok? And if it's not ok, still no.
Last edited by NoDo$h on 24th Jun 2009 2:47 pm. Edited 1 time in total
This one may also help, as you often hear "ah, but that component isn't covered on the warranty sir". certain LR dealers, are you reading this?
Quote:
Q9. My car is under warranty, but the dealer is not prepared to carry out particular repairs - he says they are not covered. What can I do?
Where a warranty has been provided by a manufacturer, or a third party provider, it is a separate agreement (aside from the agreement between retailer and consumer for the sale of goods) between the manufacturer or third party provider and the consumer. The warranty is usually only enforceable against the manufacturer or third party provider (even though in the case of new car warranties it is usually the retailer network which actually provides the work and parts, the manufacturer or third party provider pays for that work).
The ability to enforce the agreement will depend on whether the party providing the warranty or guarantee is in a position to honour the agreement.
In other words, the absence of an item from a warranty list doesn't preclude the dealer from their obligations under the Sale of Goods act - as per above post.I know it's not considered "kind" to say no these days, but no. Just no, ok? And if it's not ok, still no.
24th Jun 2009 2:47 pm
DaveT
Member Since: 01 Aug 2005
Location: Cornwall
Posts: 2573
& has the alignment issue that led to the uneven wear been dealt with ?Long succession of Disco's since 2001...
SIII Lightweight - neglected & rusting. Bulkhead, A panels, vent panel & outriggers now disintegrated - Next years project!
24th Jun 2009 11:41 pm
Davro
Member Since: 30 Jun 2007
Location: London
Posts: 352
Hi, sorry to hear about this but at least you have got it sorted now. Someone posted a while back a catalog of serious issues they had with a non LR Dealer purchse, but even having paid to get everything sorted they were probably still better off financially, but obviously there is the hassle factor and the unexpected outlay.
I have just had my wheels aligned at a delaler for around £200, not sure what others have paid but looking at the wear on the tyres it was definately needed. The dealer said they were quite badly out and I am certainly noticing a big difference now.
25th Jun 2009 8:40 am
blowpipe
Member Since: 07 May 2009
Location: lightwater
Posts: 1111
Haven't thought about the alignment yet, but will need it done. Anyone know of any good outfits in the Surrey/East Hants area?
site sponsor AJS may be worth a ring I know it's not considered "kind" to say no these days, but no. Just no, ok? And if it's not ok, still no.
25th Jun 2009 11:42 pm
caverD3
Member Since: 03 Jul 2006
Location: Oberon, NSW
Posts: 6922
That is where he went.
Can AJS put it in geometry set mode for the alignment?“There are only three sports: bullfighting, motor racing, and mountaineering; all the rest are merely gamesâ€
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D4 3.0 Active Diff, Adaptive Lights, High Beam Assist, Surround Cameras, Privacy Glass.
D3 2.7:Adaptive Headlights,Electronic Rear Diff,ARB Bar,Blaupunkt Speakers,JVC Powered Subwoofer,Removable Snorkel,Mitch Hitch,Pioneer After Market Head Unit,Steering Wheel Control Adaptor,Remote Adjustable Supension Rod System, Taxside Dual Battery System.
26th Jun 2009 1:50 am
blowpipe
Member Since: 07 May 2009
Location: lightwater
Posts: 1111
Please excuse a numpty question, but what's the difference between alignment and geometry?
If it's not a complex job, would an outfit like HiQ be able to get the issue sorted out or will I have to seek out a specialist?
27th Jun 2009 4:13 pm
NeilD
Member Since: 01 Dec 2008
Location: Sunny Surrey
Posts: 4845
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. Three of the four tyres were on the bar limit and one had wear to the nearside to the extent that there was no visible tread. I know I should have checked properly, but I'd assumed the dealer had prepped the car thoroughly.
that led to the uneven wear been dealt with ?
