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Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71054
Experience:  Over 5 years in practice
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4 months ago, I bought a used car from a main dealer who had

Customer Question

4 months ago, I bought a used car from a main dealer who had origanally sold it new and it has its complete service history from there. An 04 reg car with 40k so I felt confident in the brand. So on a drive back to Wexford from Dublin...the car loses power and breaks down. Turns out the radiator overflow had ruptured...hence the water in the system escaped....head gasket blows. On inspection by my mechanic, the radiator thermostat had been doctored which also gave a false reading on the dashboard dial. Repairs are estimated at €1500. The car cost €1650. I don't expect the main dealer to have any sympathy. Do I have any legal recourse?
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question. My name is Jo and I will try to help with this.

Do you mean euros or pounds? Thats a fairly cheap price for a car with this amount of mileage?
Customer: replied 4 years ago.

Yes was needed a new exhaust as it was very noisy....which I was aware of when making the decision to buy

Expert:  Jo C. replied 4 years ago.

Its a debatable issue really. The truth is that the higher the price you pay for an item, the better the rights you acquire.

However, even a cheap purchase does still have to comply with the Sale of Goods Act. The product must still be of a 'reasonable' standard. That doesn't mean perfect but it does mean reasonably good with reference to the price you paid for it, its age and history.

Given that this is a fairly major fault which doesn't seem to have been mentioned at all to you at the time of sale, it would be reasonable to ask them to repair it. You will struggle to reject the vehicle at this stage but that doesn't mean that your rights end.

Can I clarify anything for you?