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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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Hello I bought a car ten days ago and the dealer gave me a

Customer Question

Hello I bought a car ten days ago and the dealer gave me a warranty from a third party, the dual mass flywheel has now mechanically failed , the warranty company said that it is not covered and the dealer said he is not responsible because he gave me a warranty from a third party , the cost of sorting it is just over £1000.00 could you please tell me if the dealer should have to pay for the repairs thank you hope to hear soon
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today.

Ben Jones :

have they say why they refuse to help?

JACUSTOMER-vhhm26lc- : He doesn't seem interested.
JACUSTOMER-vhhm26lc- : He said it's not his. Responsibility because he gave me a warranty from a company but. I thought he was supposed to supply me with a vehicle fit for purpose and was responsible for three months
Ben Jones :

ok thanks let me get my response ready please

Ben Jones :

When a consumer makes a purchase from a business seller, they will have certain 'statutory' rights under the Sale of Goods Act 1979 and the Sale and Supply of Goods to Consumers Regulations 2002.

The law states that the goods must be of satisfactory quality, as described and fit for purpose. If they are not, you will have certain legal remedies against the seller. The only time action can be taken against the manufacturer is under a manufacturer's warranty or guarantee. There is no protection against fair wear and tear, misuse or accidental damage, faults that were pointed out at the time of sale or if you change your mind and no longer want the goods.

Under law the following business practices are deemed unfair if they prompted you to make a decision to buy the car in question:

  • Giving false information about the vehicle or deceiving the buyer through false advertising

  • Giving insufficient information to the buyer, for example leaving out important information about the condition of the car

Failure to adhere to the CPR rules will be unlawful and may even amount to a criminal offence so if you believe that the dealer acted in contravention of these rules you can bring this up with them when you contact them about this.

In addition, you will have certain rights under the SGA, which states that when you buy an item from a business seller it must be of satisfactory quality, fit for purpose and match its description. If the car does not satisfy any of these, the dealer will be responsible.

They will only be liable for faults that were present at the time the vehicle was sold, even if they become apparent later on. However, they will not be liable for fair wear and tear, misuse or accidental damage or any issues that were brought to the buyer’s attention before the sale. The age and value of the vehicle will also be relevant and the expectations of older vehicles will certainly be lower.

If the vehicle does not meet the above requirements, the buyer can reject the vehicle and return it to the dealer requesting a refund. However, this will need to be done within a ‘reasonable period, which is usually 3-4 weeks after purchase.

If the dealer refuses to resolve this issue or accept any liability, you could take legal action against them. However, before going down that route you should try and resolve the issue directly with them by sending them a formal letter specifying how you want this matter resolved and giving them 7 days to respond. Advise them that if they fail to get back to you or deal with this in a satisfactory manner, you will have no other option but to report them to Trading Standards and issue legal proceedings to seek compensation.

JACUSTOMER-vhhm26lc- : Are you waiting for me to do something before you answer as I have not used this service before
Ben Jones :

the answer is above, can you see it?

JACUSTOMER-vhhm26lc- : Got it it sounds to me that a complete mechanical failure of a major part within 10 days would indicate that the problem was ther when the car was purchased so therefor he would be responsible is this correct
Ben Jones :

I cannot comment on the mechanical issues as that would be for a mechanic to confirm but if it can be shown that it was the case then you could indeed pursue the dealer, regardless of whether there was a warranty or not