Our son purchased a SUV,second hand,all receipts showing servicing carried out by previous owner,(not that this is relevant, but he paid £10 thousand for it),with 3 mounth warranty,first problem,the sliding roof leaked,dealer fixed that,then sensors for the tyre pressure,dealer fixed that,car is now owned for three months and one week,Swirl meter,(apparently this governs the air intake on these vehicles,Mercedes)so warranty has expired by one week,cost to repair,£800 +.Question is who is responsible for the repair,the dealer or our son,as I seem to remember another member having this problem,and the sale of goods act advised six months ?.
Car Fault
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Originally posted by Archie.2 View PostOur son purchased a SUV,second hand,all receipts showing servicing carried out by previous owner,(not that this is relevant, but he paid £10 thousand for it),with 3 mounth warranty,first problem,the sliding roof leaked,dealer fixed that,then sensors for the tyre pressure,dealer fixed that,car is now owned for three months and one week,Swirl meter,(apparently this governs the air intake on these vehicles,Mercedes)so warranty has expired by one week,cost to repair,£800 +.Question is who is responsible for the repair,the dealer or our son,as I seem to remember another member having this problem,and the sale of goods act advised six months ?.
IF the vehicle was purchased from a dealer than your son may have rights under the Consumer Rights Act 2015 to seek a repair.
When did he become aware of this issue? Is it possible the faults were present at the point of sale?
Its difficult to advise on cases without having all of the facts at your fingertipsI work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.
If you need to contact me please email me on Pt@roachpittis.co.uk .
I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.
You can also follow my blog on consumer credit here.
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As PT2537 advised have a look at the Consumer Rights Act 2015. Up to 6 months the dealer will have to show that the faults were not present at the time of purchase rather than you have to prove that they were. The act requires that you give the dealer one chance to repair but that seems to have been given. Your son can try and reject or suggest they repair.
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Up-Date.I have had words with our Son,warranty had just expired,after promising to look into the matter further,he approached the dealer,who pointed out,that the engine management light was no showing when he purchased the car,and so was not responsible for any repairs,i forwarded the information as advised by the Beagles,to no avail,and so he said he is paying for the repair,i just thought,if you so wish that's the end of the matter.And so my thanks to the help offered by the members.
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