My daughter purchased a car from a trader which came with a 30 day warranty. Ten days after the warranty expired the car has developed a fault, in fact it will not start suspected ecu or fuel pump problem.
Are there any rights that I have although the 30 days warranty has expired to get the dealer to repair the car?
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Check HJ FAQ to the left, number 5 for starters.
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2007 Seat Altea XL 2.0 TDI (140) Stylance
2005 Skoda Fabia vrS
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what does daughters dealerman say jazzyman
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it only happened this weekend, just checking the legal side before we tackle him!
knowing dealers they will try to squeeze their way out of it.snipquote
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SFAIK new legislation says that is up to the dealer to prove that any fault on the car, occuring within 6 months, was not present when the car was sold. On the basis that the car was, presumably, driven away from the dealership and now doesn't work this could be a problem. Have a look at HJ's FAQs 5th down in the box under his photo on the left
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Sorry - I have duplicated Bobby G's input. Relevant quote is
during the first six months:
the consumer returns the goods in the first six months from the date of sale and requests a repair or replacement or a partial refund. In that case, the consumer does not have to prove the goods were faulty at the time of sale. It is assumed that they were. If the retailer does not agree, it is for the retailer to prove that the goods were satisfactory at the time of sale. This comes from Sale and Supply of Goods to Consumers Regulations 2002, derived from EU Directive 1999/44/EU which became Clauses 48A to 48F inclusive of the Sale of Goods act in April 2003
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give traderman opportunity to fix it jazzyman at his expense as if its a proper established local dealer your custom and good word can mean more than a £100 refusal
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Does this mean dealer can come and ask you for more money after you have paid?Just wondering if the 'elastic'approach to aggreements is ok for both partys.
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It isn't an agreement - it is a legal obligation put upon the dealer by an Act of Parliament, SFAIK.
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Does this mean dealer can come and ask you for more money after you have paid?Just wondering if the 'elastic'approach to aggreements is ok for both partys.
Consumer law has for the past 30 years or so recognised that consumers and traders are NOT equal parties in contracts, and that freedom of contract is a myth.
Accordingly the consumer is (rightly) protected by law from dealers selling lemons and refusing to come back. Thus if it turns out to need £3k of work, the dealer will cover it, as partof the overall larger risk of doing business (i.e. he'll have to do expensive repairs to one car, but then nineteen others will be sold with no problems); the consumer is not forced to shoulder the risk, which quite plainly is far larger to the consumer than the dealer. If you do not like this, you do not sell to consumers.
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