How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Matt Jones Your Own Question

Matt Jones
Matt Jones, Solicitor
Category: Law
Satisfied Customers: 671
Experience:  I am a qualified and practising Solicitor with over 7 years post qualification experience
13732703
Type Your Law Question Here...
Matt Jones is online now

What legal responsibility does the manufacturer of my cousin's

Resolved Question:

What legal responsibility does the manufacturer of my cousin's 5 year old landrover Defender have if it needs a new engine after only 31500 miles. It has been regularly serviced by landrover dealers.
Submitted: 2 years ago.
Category: Law
Expert:  Matt Jones replied 2 years ago.
Matt Jones :

Hi there

Matt Jones :

I will try and help

Matt Jones :

did he buy this car brand new from Landrover?

Matt Jones :

or second hand from a 3rd party?

Customer:

brand new

Matt Jones :

does he had the extended warranty?

Matt Jones :

*have

Customer:

no

Matt Jones :

so I presume that landrover are saying they will only pay 40% because its outside of the first 3 year warranty?

Customer:

yes. I was led to believe that legally it should be fit for purpose for 6 years

Matt Jones :

has he done excessive miles, or been doing any rallying, off roading etc?

Customer:

no, she is female and 58 years old and drives around country lanes in it and occasionally tows a horsebox

Customer:

she has bought 2 previous landrovers from them

Matt Jones :

Ok. any idea why the engine has gone? and what is wrong with it? has anyone outside of landrover had a look it?

Customer:

Conwy Landrover who are the dealers have inspected the landrover and told us that it needs a new engine, no exact details given as to why this is the case. A friend had inspected it and suggested the vacuum pump was at fault but Conwy landrover refute this idea after isolating it and it had no effect on engine performance

Matt Jones :

OK thanks

Matt Jones :

First things first, the legal position:-

Customer:

Do you know what the legal position is as far as landrover's responsibility is concerned

Matt Jones :

When a person buys something brand new they have a couple of areas of protection. They have the contractual protection and this is usually in the form of any connected warranty. So in this case the "contract" is the agreement to purchase the vehicle and the warranty is 3 years. Under a contract you have the right to bring a claim for breach of contract up to 6 years later (which I think is the 6 year timescale you were referring to above). The other area of protection is the Sale of Goods Act 1979 ....(i am just posting this to show I am working on your problem, dont type anything yet, I will continue....)

Matt Jones :

This act of parliament (and various other amendments to it) contains a provision that indicates that anything sold new has to be of "satisfactory quality". If a good falls below this standard and breaks the buyer has a right to reject/replace the goods within 6 weeks, or just a replacement if it breaks within the first 12 months (generally speaking). The one year time frame is the general standard for items under the act. However this is not explicit as it depends on the item. Clearly a landrover engine shouldn't break after 31,000 miles. However as this is 5 years later the onus is now not on Landrover to prove the engine is fine, but on your friend to prove that this is a faulty engine and so falls below the standard expected by the Act. An engine such as this is a complicated thing. It could be that one small matter is causing a catastrophic problem. She need to get an independent experts report, whose conclusion would hopefully show that the issue is an inherent (or latent) defect in the manufacture of the engine, and not some other issue, which would then lead to a claim for the full cost of the replacement engine.

Matt Jones :

Ok please ask any follow up questions if you wish

Customer:

Thanks for this. It really confirms what I thought was the case but I needed confirmation, which you have given. It is a tough decision to take the engine away for an independent inspection! and possibly costlier in the long run.

Customer:

have we finished?

Matt Jones :

it is possible (and i have done this for a client of mine) to get the car on the back of a trailer and take it to another garage for inspection. Also there are other forensic engineers that can provide a written report by visiting the garage were it is situated. If the report is favorable this can help in negotiations. IN addition if your friend is prepared to issue Court proceedings then the cost of the report is recoverable. However i agree there has to be a cost benefit analysis and it may be better to just take the 40% and get the car fixed.

Customer:

Thanks.

Matt Jones :

you are welcome.If you are happy please click to leave me positve feedback so I can be paid for my time tonight. the questions wont close and you can revisit this later to ask any additional questions if you need to.

Matt Jones, Solicitor
Category: Law
Satisfied Customers: 671
Experience: I am a qualified and practising Solicitor with over 7 years post qualification experience
Matt Jones and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.co.uk/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.co.uk/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.co.uk/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.co.uk/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice