Ask a Law Question, Get an Answer ASAP!
The car is 2005, done 86,000 miles and I paid £7495. The car came with 3 months warranty and I paid a further £250 to extend the warranty to 12 months.
My understanding is that all parts of the car are under warrantly except those "consumable items" i.e. tyres, timing belt etc
Anything you buy must be as described, fit for purpose and of suitable quality as per the Sale of Goods Act.
However for second hand goods the warning is buyer beware as you have limited rights.
For example if you had brought a new vehicle then you would expect the standard to be far higher than one say 10 years old.
In this case if there were to refuse and you took it to Court a Judge would have to decide what is reasonable.
Given that it is under warranty and I would expect the gearbox to be replaced I do not think a Judge would find that you are entitled to a full refund.
However if the garage are prepared to do this then I would accept it.
If you paid on credit card (not debit) then you would also have protection under Section 75 of the Consumer Credit Act as a card issuer are liable for the merchant.
But given that there is a warranty and I assume the dealer could not have reasonably known there was a gearbox fault, I think a Judge would allow a repair
But as they are offering a refund I would certainly take this.
I am sorry if this is not the answer you wanted and certainly not the one I want to give you, but I have a duty to be honest
Can I clarify anything for you about this today please?
No that is fine thanks
If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.
Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts