I bought a used Volvo S60 which appears to have an oil leak - is the dealer liable for repairing it? | Ask Honest John

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I bought a used Volvo S60 which appears to have an oil leak - is the dealer liable for repairing it?

On Friday 3 June I purchased a 2002 Volvo S60 D5 SE for which I paid the trader £2,900 cash. The following day my dad noticed an oil leak coming from the 'tray' under the radiator. On Monday 6 June our trusted mobile mechanic diagnosed a hole in the base of the intercooler. Having been given a 4-week warranty on the vehicle I contacted the trader. He said he would "look into it" after which he seems to be making himself unavailable.

It is impractical to take the car back to Preston, where I bought it, as I need it for work everyday. Our mechanic will fit the new intercooler for approximately £300, which is considerably cheaper than our nearest main Volvo dealer, which is 20 miles away in Warrington. As the warranty period expires soon, and the car requires urgent repair should I go ahead and pay for the work myself and rely on the 'goodwill' of the trader to reimburse me?

Asked on 16 June 2011 by JS, Manchester

Answered by Honest John

The trader is directly liable, so tell him if he doesn't get it fixed within five working days then you will get it fixed and will sue him for the money using the small claims track of the county court where you will almost inevitably win and the trader will have to pay your costs as well as pay you the cost of replacing the intercooler. See: www.honestjohn.co.uk/faq/consumer-rights/ and read about the McGrath case at the bottom.

Tags: legal and consumer advice buying a used car repairs oil leaks

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