Leaking boot seal - who is liable?
I purchased a used 58 plate Mazda 3 from RRG Mazda Rochdale in Lancashire on the 14th, March, 2012 and would like your advice on a water leak into the boot.
The leak was picked up on inspection prior to purchase and was noted on the ‘Used Vehicle Order Form’ as one of items to be repaired, written down by the Sales Manager, Mr. Paul Arden (I still have the duplicate green copy of this).
About a week later I had confirmation that all the repairs had been attended to, before I travelled to complete the purchase (about 80 miles away from Wolverhampton).
At the dealership, I again got confirmation, by individually naming all the items on the list as having been repaired - from the salesman and the Sales Manager.
The car was out in rain for the first time last week and I noticed that water was leaking into the boot. I contacted the Sales Manager and suggested repair at a local Mazda dealer, due to the distance involved in taking the car back to him.
He is not willing to pay for repair as he say’s that the Mazda Approved Used Car Warranty does not cover it.
I explained that this was a condition of the sale prior to purchase and since repair was carried by them and the fault has recurred, the dealership is still responsible to rectify it or pay for it to done. What should I do now?
The leak was picked up on inspection prior to purchase and was noted on the ‘Used Vehicle Order Form’ as one of items to be repaired, written down by the Sales Manager, Mr. Paul Arden (I still have the duplicate green copy of this).
About a week later I had confirmation that all the repairs had been attended to, before I travelled to complete the purchase (about 80 miles away from Wolverhampton).
At the dealership, I again got confirmation, by individually naming all the items on the list as having been repaired - from the salesman and the Sales Manager.
The car was out in rain for the first time last week and I noticed that water was leaking into the boot. I contacted the Sales Manager and suggested repair at a local Mazda dealer, due to the distance involved in taking the car back to him.
He is not willing to pay for repair as he say’s that the Mazda Approved Used Car Warranty does not cover it.
I explained that this was a condition of the sale prior to purchase and since repair was carried by them and the fault has recurred, the dealership is still responsible to rectify it or pay for it to done. What should I do now?
Asked on 12 May 2012 by GB007
Answered by
Honest John
The dealer you bought the car from is 100% liable for this repair as it pre-existed the sale. If he does not repair it at your written request you can have it repaired elsewhere and sue him for the full cost of this. See: www.honestjohn.co.uk/faq/consumer-rights/ Remind the dealer that you are aware of the law in Clegg v Olle Anderson 2003. These was a Supreme Court ruling so nothing other than an Act of Parliament can over-rule it.
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