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Jo C.
Jo C., Barrister
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I have purchased a car from a local car dealership, with

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Hi, I have purchased a car from a local car dealership, with 3 months warranty. I have driven it less than 30 miles and the head gasket has blown. The car dealership is going to repair it under the warranty, but they have to send the 'head' away to be skimmed. I am worried that if the head has warped due to loss of coolant in the engine, would anything else be damaged that they would not tell me about.
I feel uncomfortable about this, and I am thinking of asking for my money back, just in case. Am I within my rights to do this?
Also, If I decide to keep the car. who is responsible for the work carried out - the car dealership, the garage, or the place where they have sent the head to be skimmed?
Just on more thing - would I be within my rights to ask for an extended warranty due to the serious nature of the work carried out?
Thanks
John
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
To be wholly honest, you may struggle to get your money back. The Sale of Goods Act does provide a for a full refund but there is a caveat where a seller can prove it is disproportionately expensive. With used cars that is almost certainly what they will rely upon. Case law has developed that means that a second hand car has to be almost falling apart before it can be rejected.
That is not to say that it is not worth asking. They won't know about the caselaw and will often offer more than they have to.
In terms of who is responsible for the work, there are competing liabilities there but your claim is against the seller garage. They may have claims against other parties if the work is done inadequately but that is not your problem.
In relation to extended warranties, you can do that. It doesn't really improve upon your rights though. Warranties are all a bit of a myth. They are riddled with exceptions generally and anyway give you no more rights than the Sale of Goods Act gives to everybody whether the seller offers it or not. If you want an extended warranty then that is a matter of negotiation with the garage. they may refuse. You are not worse off if they do because you can rely on the SGA.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69519
Experience: Over 5 years in practice
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