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Hooded menace

My wife part exchanged her 320d for a used SAAB convertible in March this year (in anticipation of the promised summer). Three weeks ago the hood stalled in mid-air to her acute embarrassment in a public car park. My son and I were summoned to the scene, where, with the aid of a little push the hood duly retracted. We drove home and lubricated all the visible joints but intermittently the hood would stay in mid air. We took the car back to the supplying dealer who greased all the joints again but the problem remains. He has suggested that one of the five motors involved is failing, but he is not prepared to rectify the fault at his expense. When my wife operated the hood controls it was only the fifth time we had used the car with the hood down. I seem to recall fairly recently you re-iterated the Sale of Goods act and said if a vehicle developed a fault within six months of purchase the dealer was liable as the vehicle was not fit for purpose at the time of sale. Also we were sold a "Customer Protect" mechanical breakdown warranty but they refused all liability on the grounds that hoods and motors are not listed in their schedules and if the item is not listed they are not responsible. Here again I think this is not a suitable warranty for any convertible. I will appreciate your comments and suggestions.

Asked on 22 August 2009 by

Answered by Honest John
The dealer (not the warranty insurer) is clearly liable for having sold you a car with an inherent fault and since it is still within 6 months of purchase he is obliged by statute and case law to either rectify the fault or take the car back and give you your money back. See Consumer Rights FAQ answer at www.honestjohn.co.uk
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